ia 


PERSONALITY  AND 
CONDUCT 


BY 


MAURICE  PARMELEE,  Ph.D. 

Author  of  "The  Science  of  Human  Behavior,"  "Poverty 
and  Social  Progress,"  "Criminology,"  "The  Prin- 
ciples of  Anthropology  and  Sociology  in 
Their  Relations  to  Criminal 
Procedure,"  etc. 


Copyright,    1918,  by 
MOFFAT,  YARD  AND  COMPANY 


PREFACE 

The  primary  object  of  social  regulation  is  to 
protect  the  individual  members  of  society  from 
the  invasive  acts  of  each  other.  The  need  for 
this  regulation  is  accentuated  by  the  conflicting 
elements  in  human  nature  which  require  some 
adjustment.  In  other  words,  the  individual 
must  be  protected  in  a  measure  from  himself  as 
well  as  from  others. 

It  is,  however,  imperative  that  social  regula- 
tion should  not  be  carried  too  far,  for  it  is 
likely  to  give  rise  to  evils  greater  than  those 
which  it  prevents.  The  development  of  person- 
ality is  of  supreme  importance  to  mankind, 
because  richness  of  personality  contributes 
greatly  to  the  joy  and  happiness  of  life.  The 
spontaneous  expression  of  human  nature  should 
therefore  be  encouraged  in  order  to  bring  to 
fruition  as  far  as  possible  the  inherent  poten- 
tialities of  the  individual.  Excessive  social 
regulation  checks  unduly  the  spontaneity  of  hu- 
man nature. 

The  most  drastic  form  of  social  control  is 
exercized  through  the  criminal  law.  I  have 
discussed  criminological  problems  at  great 
length  in  other  treatises.  In  this  book  I  dis- 


2032925 


PREFACE 

cuss  more  particularly  social  regulation  through 
custom,  public  opinion,  and  convention,  and 
describe  the  regulation  of  three  aspects  of 
human  life. 

The  first  aspect  is  the  craving  for  noxious 
substances,  such  as  alcohol  and  certain  insi- 
dious drugs,  which  do  much  injury  to  many  in- 
dividuals, and  thereby  constitute  a  serious 
menace  to  mankind.  The  second  is  the  spirit 
of  adventure  and  tendency  to  take  chances  in 
the  forms  of  gambling  and  useless  and  wasteful 
speculation. 

The  third  is  the  sex  life  of  mankind.  I  have 
devoted  the  largest  amount  of  space  to  this 
subject  because  it  illustrates  almost  every 
phase  of  the  problems  of  personality  and  con- 
duct. While  the  sex  life  is  of  the  utmost  value 
to  mankind,  it  also  contains  grave  dangers  and 
gives  rise  to  great  social  evils.  So  that  the 
regulation  of  sex  is  a  difficult  and  intricate 
problem.  It  requires,  on  the  one  hand,  extreme 
caution  in  order  to  avoid  detracting  from  the 
utility  and  value  of  sex  to  man,  and,  on  the 
other  hand,  effective  measures  for  the  preven- 
tion of  the  evils  which  arise  from  sex. 


MAURICE  PARMELEE. 


NEW  YORK  CITY, 
March,  1918. 


CONTENTS 

CHAPTER  I  PAGE 

THE  SPONTANEOUS  EXPRESSION   OF  HUMAN  NATURE 

Conflicting  elements  in  human  nature  due  to  in- 
adaptation — Limitations  upon  the  spontaneous  expres- 
sion of  human  nature — Evils  of  excessive  restrictions 
upon  human  conduct 1 

CHAPTER  II 

INVASIVE  AND  NON-INVASIVE  CONDUCT 

A  criterion  for  social  control — Violations  of  this  cri- 
terion— Differences  between  crime  and  vice  ....  8 

CHAPTER  III 

THE  APPEAL  OF  ALCOHOL 

Consumption  of  alcoholic  beverages — Causes  of  alco- 
holism— Effects  of  alcohol 21 

CHAPTER  IV 

ALCOHOLISM  AND  DRUG  HABITS 

Drug  habits — Causes  of  abnormal  habits — Alcohol- 
ism as  a  cause  of  poverty  and  crime  ......  32 

CHAPTER  V 

THE  REGULATION  OF  INTEMPERANCE 

Prohibition  of  the  use  of  alcohol :  statewide  prohibi- 
tion; local  option;  national  prohibition — The  "dispen- 
sary" system — State  monopoly  of  the  liquor  traffic — 
High  licenses — Night  and  Sunday  closing  laws — Regu- 
lation of  excessive  drinking  and  of  drinking  by  minors 
— The  treatment  of  the  inebriate — The  suppression  of 
drug  habits 45 


CONTENTS 

CHAPTER  VI 

THE  TYPES  OF  GAMBLING  PAGE 

The  human  tendency  to  take  risks — The  aleatory  ele- 
ment in  gambling — Recreational  and  business  gambling 
— Professional  and  amateur  gambling — Gambling  in 
the  United  States — Gambling  in  Europe  ....  58 


The  animistic  basis  of  gambling;  the  belief  in  luck; 
gamblers'  superstitions — Avarice  in  gambling — The 
predominance  of  emotion  over  reason  in  gambling: 
the  gambling  spirit  an  obstruction  to  civilization — 
Gambling  and  ideas  of  property  right:  gambling  as  a 
cause  of  crime — Gambling  in  the  business  world :  spec- 
ulation— The  regulation  and  prevention  of  gambling  70 

CHAPTER  VIII 

THE  SEX  RELATION 

The  mystery  of  sex  to  man — Promiscuity  and  monog- 
amy: the  care  of  the  young;  sexual  jealousy — Super- 
stitious explanations  of  sex — The  economic  subjection 
of  woman .  .  89 

CHAPTER  IX 

THE  PLAY  FUNCTION  OF  SEX 

The  reproductive  and  the  play  functions  of  sex — 
The  influence  of  the  play  function — Opposition  to  the 
play  function — Harmonizing  the  sexual  functions  .  .  102 

CHAPTER  X 

METHODS  OF  SEX  REGULATION 

Classification  of  sex  regulations — The  "White  Slave 
Traffic  Act — Puritanical  sex  regulation  in  the  United 
States  115 


THE  EVILS  OF   SEX  REPRESSION 

Invasive  sex  legislation — Pathological  results  from 
sex  repression — Sex  repression  opposed  to  the  ideal 
sex  relation — Prohibition  of  birth  control  ....  135 

CHAPTER  XII 

THE  DOUBLE   STANDARD  OF  SEX  FREEDOM 

The  evolution  of  the  double  standard:  the  physio- 
logical dissimilarity  of  the  sexes;  male  sexual  jealousy; 
the  economic  dependence  of  woman — Asceticism:  the 
magical  notion  of  the  uncleanness  of  sex — Christianity 
and  sexual  hypocrisy — The  prevention  of  the  double 
standard :  the  improvement  of  the  economic  and  social 
status  of  woman 154 

CHAPTER  XIII 

THE   CAUSES  OF  PROSTITUTION 

Definition  of  prostitution — Prostitution  and  civiliza- 
tion— The  demand  for  prostitution:  biological,  psycho- 
logical, and  economic  and  social  factors — The  supply 
of  prostitutes:  biological,  psychological,  and  economic 
factors — The  pecuniary  value  of  sex  in  woman  .  .  175 

CHAPTER  XIV 

THB  UTILITY  AND  DISUTILITY  OF  PROSTITUTION 

The  evils  of  sexual  abstinence — The  limited  utility  of 
prostitution — The  hardships  of  prostitutes — Prostitu- 
tion and  the  play  function  of  sex — Prostitution  and  dis- 
ease— Prostitution  due  in  large  part  to  the  failure  of 
the  existing  type  of  marriage — Prostitution  unsatis- 
factory as  a  solution  of  the  sex  problem 188 

CHAPTER  XV 

THE  FAILURE  TO  SUPPRESS  PROSTITUTION 

The  two  fundamental  evils  of  prostitution:  the  vio- 
lation of  the  play  function  of  sex;  the  dissemination 


CONTENTS 

PAG* 

of  disease — Useless  attempts  to  abolish  prostitution — 
Suppression  tried  in  the  United  States:  its  harmful 
results — The  injunction  and  abatement  laws — The  laws 
against  procuration — The  normal  sex  life  as  the  only 
preventive  of  prostitution — Regulation  instead  of  sup- 
pression   208 


THE  REGULATION  OP  PROSTITUTION 

Opposition  to  regulation  of  prostitution — The  prin- 
ciples-of  regulation — Methods  of  regulation:  prohibi- 
tion of  public  soliciting;  segregation;  medical  inspec- 
tion; registration;  etc. — Police  corruption  in  regulation 
— The  pimp — The  "age  of  consent"  law 219 

CHAPTER  XVII 

SEX  EDUCATION  AND  TRAINING 

Pre-adolescent  sex  education — Characteristics  of 
puberty  and  adolescence — Sex  education  for  adoles- 
cents— Negative  sex  training:  disease;  self-abuse; 
premature  parenthood 235 

CHAPTER  XVIII 

THE  ORGANIZATION  OP  SEX  RELATIONS 

The  evolution  of  sex  organization — Continence  vs. 
chastity — The  sex  taboo  and  pruriency — Sex  relations 
for  young  adults:  self-restraint  arising  from  knowl- 
edge; the  preliminary  or  trial  marriage — The  forces 
for  monogamy:  the  numerical  equality  of  the  sexes; 
sexual  jealousy;  the  rearing  of  the  young;  companion- 
ship for  old  age — Free  contractual  marriage:  its  dura- 
tion; its  exclusiveness ;  agreement  as  to  reproduction; 
its  economic  aspect;  the  termination  of  the  marital 
contract  or  divorce;  the  free  marital  contract  as  a 
solution  of  the  sex  problem — The  limits  of  justifiable 
sex  regulation  ....,, 251 


CONTENTS 
CHAPTER  XIX 

THE  DEVELOPMENT  OF  PERSONALITY 

Mankind's  blunders  in  its  search  for  happiness — 
The  suppression  of  personality  through  excessive  uni- 
formity— The  need  for  more  knowledge  of  human 
nature — Measures  for  developing  personality  .  .  .269 

PARTIAL  BIBLIOGRAPHY 275 

INDEX 2°-*- 


PERSONALITY  AND 
CONDUCT 

CHAPTER  I 

THE   SPONTANEOUS   EXPBESSION    OF   HUMAN 
NATURE 

HUMAN  nature  contains  many  conflicting  ele- 
ments within  itself.  Numerous  impulses  and 
desires  do  not  harmonize  with  each  other.  For 
example,  excessive  hunger  gives  rise  to  glut- 
tony, which  conflicts  with  the  desire  to  avoid 
the  suffering  derived  from  over-eating.  The 
craving  for  stimulants  conflicts  with  the  dread 
of  the  evils  which  follow  the  use  of  stimulating 
substances.  An  impulse  of  anger  may  lead  a 
person  to  smite  a  loved  one. 

In  other  words,  incompatible  instincts  and 
emotions  are  aroused  at  the  same  time,  or  cer- 
tain instincts  and  emotions  are  too  strong  and 
unruly  to  follow  the  guidance  of  the  intellect. 
These  facts  indicate  that,  however  marvellous 
the  results  of  organic  evolution  may  appear  to 
us,  man  is  not  perfectly  adapted  either  within 
himself  or  to  his  environment. 

This  lack  of  adjustment  is  due  in  part  to  the 
i 


2        PERSONALITY  AND  CONDUCT 

varying  environment  in  which  man  and  his  pre- 
human ancestors  have  lived.  Geological  and 
climatic  changes  from  one  age  to  another  have 
necessitated  adaptive  variations  in  the  organ- 
ism. Sometimes  new  environmental  changes 
have  taken  place  before  the  adaptive  variations 
could  be  fully  attained.  Many  traits  which 
were  not  of  life-or-death  importance  have  per- 
sisted from  an  age  when  they  had  adaptive 
value  to  a  time  when  they  no  longer  were 
adapted  to  the  environment.  Furthermore, 
migrations  from  one  region  of  the  earth  to  an- 
other have  increased  the  degree  of  maladjust- 
ment to  environment. 

Another  cause  for  this  disharmony  in  human 
nature  is  the  conflict  between  the  needs  of  the 
individual  for  survival  and  self-gratification 
and  the  necessity  of  preserving  the  species. 
Many  of  the  impulses  of  the  individual  would 
injure  the  species  if  not  restrained.  Thus 
arises  the  necessity  for  social  organization  and 
control. 

Owing  to  lack  of  adaptation  an  untold  number 
of  species  have  perished  from  the  surface  of  the 
earth.  All  of  the  numerous  species  now  in  ex- 
istence, including  man,  constantly  face  the  same 
peril.  The  species  that  survive  are  those  in 
which  the  selective  process  adapts  the  traits  of 
life-or-death  importance  enough  to  permit  of 
survival.  But  many  traits  which  are  not  of  de- 
cisive importance  fail  to  become  adapted,  and 


HUMAN  NATURE  3 

thus  give  rise  to  disharmony  in  the  impulses 
and  desires  of  the  surviving  species  and  con- 
flicting tendencies  in  their  behavior. 

Man  is  the  only  animal  who  is  aware  of  this 
situation.  By  means  of  social  organization  and 
control  he  has  endeavored  to  adjust  the  inter- 
ests of  the  individual  to  the  interests  of  the 
species.  Thus  have  arisen  the  institutions  of 
the  family  and  the  state;  and  public  opinion, 
custom,  and  law  as  methods  of  social  control. 
Man  has  also  made  a  few  attempts  to  harmonize 
the  contradictory  elements  in  his  own  nature. 
But,  owing  mainly  to  lack  of  self-knowledge,  he 
has  not  yet  had  much  success  in  these  attempts. 

The  human  intellect  has  enabled  man  to  dis- 
cern and  recognize  his  impulses  and  desires. 
He  has  formulated  ideals  which  have  invariably 
been  directed  towards  the  attainment  of  his  de- 
sires. But  he  has  blundered  greatly  in  his  at- 
tempts to  fulfill  his  ideals.  Social  organiza- 
tion and  control  have  frequently  been  carried 
too  far,  and  have  thus  needlessly  prevented  the 
gratification  of  some  human  desires.  Igno- 
rance and  lack  of  forethought  have  often  led 
men  and  women  to  gratify  certain  impulses, 
whereas  more  pleasure  might  have  been  derived 
in  lhe  long  run  from  the  gratification  of  other 
impulses  with  which  these  impulses  clashed. 

Animistic  ideas  in  the  forms  of  magic  and 
religion,  conventional  restraints  arising  out  of 
an  excessive  development  of  public  opinion  and 


4        PERSONALITY  AND  CONDUCT 

custom,  and  an  undue  concentration  of  social 
authority  have  repressed  unduly  the  expression 
of  human  nature.  On  the  other  hand,  men  and 
women  have  frequently  responded  to  passing 
or  inopportune  impulses  when  a  little  self- 
restraint  would  have  enabled  them  to  obtain 
much  more  pleasure  from  the  gratification  of 
more  fundamental  or  more  opportune  impulses 
and  desires. 

The  highest  ideal  for  mankind,  therefore,  is 
the  spontaneous  expression  of  human  nature  in 
so  far  as  such  expression  is  possible  within  the 
limits  prescribed  by  the  necessity  of  preserving 
the  species  and  of  harmonizing  the  conflicting 
factors  within  human  nature  itself.  This  ideal 
cannot  be  attained  until  ample  knowledge  of  the 
conditions  of  human  existence  and  of  the  con- 
stituent elements  of  human  nature  has  been  se- 
cured. To  accomplish  this  end  much  assistance 
may  be  derived  from  the  many  failures  and 
blunders  of  the  past  and  present. 

Inasmuch  as  the  spontaneous  expression  of 
human  nature  is  the  highest  human  ideal,  it 
must  serve  as  the  criterion  for  the  regulation  of 
conduct.  In  other  words,  it  should  be  the  eth- 
ical standard  and  ideal.  The  recognition  and 
application  of  this  criterion  in  the  life  of  man- 
kind will  constitute  the  greatest  step  towards  a 
full  and  free  development  of  human  personality. 
The  highest  possible  degree  of  spontaneity  in 
conduct  is  needed  in  order  to  bring  to  the  sur- 


HUMAN  NATURE  5 

face  and  utilize  every  element  in  human  nature 
which  can  contribute  to  the  enrichment  of  hu- 
man personality. 

Many  social  forces  and  institutions  have  hin- 
dered the  attainment  of  this  ideal.  For  ex- 
ample, religion  has  always  postulated  super- 
natural considerations  for  the  guidance  of  con- 
duct which  conflict  with  ethical  principles.  And 
as  these  supernatural  considerations  are  alleged 
to  transcend  in  importance  the  ethical  princi- 
ples, religion  has  often  led  to  immoral  conduct. 

This  influence  of  religion  is  admirably  illus- 
trated in  the  Puritanism  which  unfortunately 
has  been  and  is  more  or  less  prevalent  in  this 
country.  Puritanism  usually  tries  to  suppress 
spontaneity  in  human  conduct  as  far  as  pos- 
sible. The  Puritan  is  grossly  lacking  in  re- 
spect for  human  individuality  and  personality, 
and  zealously  endeavors  to  reduce  mankind  to  a 
dead  level  of  uniformity  enforced  by  an  iron 
discipline. 

The  attainment  of  this  ideal  is  hampered 
whenever  monarchical,  oligarchical,  aristo- 
cratic, or  class  control  obtains  the  ascendancy. 
The  spontaneous  life  and  activity  of  most  per- 
sons is  then  suppressed  in  the  interests  of  the 
dominant  few  by  means  of  a  legal  or  military 
discipline. 

But  the*  most  grievous  hindrance  to  the  spon- 
taneous expression  of  human  nature  and  devel- 
opment of  personality  arises  from  the  igno- 


6        PERSONALITY  AND  CONDUCT 

ranee  and  stupidity  of  the  vast  mass  of  man- 
kind. The  mental  inertia  and  stolidity  of  most 
men  and  women  results  in  a  dead  weight  of 
convention  and  custom  which  tends  to  crush 
every  attempt  at  variation. 

The  ethical  criterion  is,  therefore,  cosmic 
and  hedonistic  as  opposed  to  the  transcenden- 
tal and  supernatural  requirements  of  religion. 
It  is  humanitarian  and  democratic  and  incom- 
patible with  the  exploitation  of  the  many  by  the 
few.  It  is  based  upon  an  understanding  of  hu- 
man nature  and  a  widespread  diffusion  of  this 
knowledge. 

Failure  to  apply  the  ethical  criterion  gives 
rise  to  many  of  the  worst  of  human  and  social 
evils.  In  attempting  to  overcome  unnecessary 
restrictions  upon  the  expression  of  human  na- 
ture, and  to  secure  an  occasional  release  from 
the  crushing  weight  of  uniformity,  men  and 
women  often  break  over  the  traces  and  indulge 
in  the  debauchery  of  alcoholism,  drug  habits, 
excessive  and  perverted  sex  indulgence,  gam- 
bling, etc. 

Sometimes  these  outbreaks  lead  to  acts  of 
violence  against  other  persons.  Indeed,  it  has 
been  asserted  by  some  writers  that  war  is  an 
outbreak  of  this  sort  on  a  large  scale.  It  is 
probably  true  that  an  incidental  good  result 
from  war  is  that  it  furnishes  in  a  measure  a 
welcome  relief  from  the  drab  uniformity  of  or- 
dinary human  existence. 


HUMAN  NATURE  7 

The  great  human  and  social  problem  is,  there- 
fore, to  furnish  an  ample  and,  so  far  as  possible, 
innocuous  and  useful  outlet  for  human  energies. 
The  forces  of  social  progress  should  be  directed 
towards  an  industrial  and  political  reorganiza- 
tion of  society  which  will  permit  of  the  highest 
possible  degree  of  spontaneity  in  the  expression 
of  human  nature,  and  thus  free  the  human  spirit 
from  the  bonds  which  now  fetter  it. 


CHAPTER  II 

INVASIVE  AND   NON-INVASIVE   CONDUCT 

THE  first  step  towards  describing  the  inevi- 
table limitations  upon  the  spontaneous  expres- 
sion of  human  nature  is  to  formulate  a  criterion 
for  the  social  control  of  the  individual.  It 
would  be  desirable  to  suppress  all  conduct  in- 
jurious to  mankind.  But  it  would  indeed  re- 
quire omniscience  to  be  able  to  discern  all  so- 
cially harmful  conduct. 

Some  of  the  acts  which  now  appear  to  be  bene- 
ficial to  society  may  in  the  long  run  prove  to  be 
detrimental.  Conduct  which  is  injurious  to  one 
individual  may  prove  to  be  beneficial  to  the  re- 
mainder of  society.  On  account  of  these  com- 
plicated problems,  there  will  always  be  dis- 
agreement with  respect  to  the  social  value  of 
many  kinds  of  conduct.  Consequently,  it  is 
often  difficult  to  decide  which  acts  should  be 
subjected  to  social  control. 

A    CRITERION    FOR   SOCIAL   CONTROL 

I  would  like  to  suggest  as  a  criterion  for  so- 
cial control  the  distinction  between  invasive  and 
non-invasive  conduct.  By  invasive  conduct  I 
mean  acts  which  are  obviously  and  unmistak- 

8 


INVASIVE  AND  NON-INVASIVE       9 

ably  harmful  to  others.  By  non-invasive  con- 
duct I  mean  acts  which  do  not  injure  others,  or, 
to  say  the  least,  which  are  not  unquestionably 
harmful  to  others.1 

It  is  easy  to  classify  many  kinds  of  conduct 
as  either  invasive  or  non-invasive.  Injuries  to 
the  person  are  obviously  invasive  of  the  rights 
and  welfare  of  others.  Among  these  injurious 
acts  are  to  be  included  not  only  homicide  and 
wounding,  but  also  acts  which  do  injury  less  di- 
rectly. For  example,  it  is  invasive  to  make  un- 
necessary loud  noises  which  violate  the  sense  of 
hearing  and  put  a  strain  upon  the  nervous  sys- 
tem; or  to  create  insanitary  conditions  which 
breed  the  germs  of  diseases  which  menace  the 
public.  In  like  fashion,  to  deprive  other  per- 
sons of  their  property  by  theft  or  by  destruc- 
tion is  obviously  invasive.  On  the  other  hand, 
most  of  the  habitual  modes  of  conduct  are  non- 
invasive  in  the  sense  that  they  do  no  obvious  or 
unquestionable  damage  to  other  persons.  In 
many  cases  a  person's  conduct  may  do  injury  to 
himself,  but  this  does  not  necessarily  make  it  in- 
vasive. 

i  So  far  as  I  know,  no  other  writer  has  stated  this  criterion, 
though  several  of  the  writers  on  social  regulation  have  doubt- 
less had  it  in  mind.  For  example,  John  Stuart  Mill  says  that 
"the  individual  is  not  accountable  to  society  for  his  actions,  in 
so  far  as  these  concern  the  interests  of  no  person  but  himself," 
but  "for  such  actions  as  are  prejudicial  to  the  interests  of 
others,  the  individual  is  accountable,  and  may  be  subjected 
either  to  social  or  legal  punishment,  if  society  is  of  opinion 
that  the  one  or  the  other  is  requisite  for  its  protection."  (J. 
S.  Mill,  "On  Liberty,"  London,  1903,  p.  74.) 


10      PEESONALITY  AND  CONDUCT 

But  there  still  remain  many  instances  which 
are  not  so  easy  to  classify.  For  example,  it  is 
impossible  to  determine  whether  or  not  certain 
types  of  conduct  are  invasive  until  science  has 
ascertained  as  to  whether  or  not  the  conditions 
created  by  such  conduct  are  insanitary  to  the  ex- 
tent of  menacing  the  health  of  the  community. 
The  justice  of  the  ownership  of  certain  property 
may  be  questioned,  and  this  question  may 
render  dubitable  the  invasiveness  of  depriving 
the  owner  of  this  property.  The  conduct  of  an 
individual  may  be  primarily  and  directly  in- 
jurious only  to  himself,  and  therefore  appar- 
ently non-invasive.  But  he  may  have  other 
persons  dependent  upon  him  who  will  be  injured 
indirectly  by  his  conduct,  which  fact  indicates 
that  his  conduct  is  nevertheless  invasive. 
Furthermore,  it  is  sometimes  contended  that 
every  form  of  conduct  which  is  harmful  to  the 
individual  is  also  harmful  to  society,  because 
the  individual  is  a  member  of  society,  and  such 
conduct  is  therefore  invasive. 

However,  in  spite  of  these  doubtful  cases,  I 
believe  that  this  criterion  is  the  most  feasible 
both  in  theory  and  in  practise.  The  proposed 
criterion  is  as  satisfactory  theoretically  as  any 
that  the  limited  intelligence  and  the  relative 
knowledge  of  man  can  devise,  and  is  the  most 
practical  because  it  is  concrete  and  can  be  given 
the  pragmatic  test.  In  the  long  run  it  is  pos- 


INVASIVE  AND  NON-INVASIVE     11 

sible  to  ascertain  fairly  accurately  whether  or 
not  a  form  of  conduct  is  invasive. 

VIOLATIONS   OF   THE   CRITEKION    FOE  SOCIAL 
CONTROL 

And  yet  even  though  this  is  the  best  criterion, 
it  is  constantly  being  violated.  Conduct  which 
is  directly  invasive  is  almost  invariably  sub- 
jected to  social  control.  But  it  frequently  hap- 
pens that  a  form  of  conduct  which  is  indirectly 
invasive  is  not  subjected  to  social  control  for  a 
long  time  because  the  public  has  not  yet  discov- 
ered its  invasive  character.  For  example, 
many  insanitary  practises  were  not  repressed 
until  science  had  revealed  their  deleterious 
effects. 

It  probably  happens  even  more  frequently 
that  non-invasive  forms  of  conduct  are  re- 
pressed. Such  repression  may  be  due  to  re- 
ligious beliefs  or  moral  ideas.  Or  it  may  be 
due  to  the  dominance  of  a  ruling  class  which  is 
legislating  in  its  own  interest.  Much  of  the 
sumptuary  legislation  in  the  past  has  been  due 
to  this  cause.  For  example,  a  dominant  class 
may  require  a  subject  class  to  wear  a  distinc- 
tive dress  in  order  to  indicate  its  servile  status. 

However,  the  principal  cause  for  the  repres- 
sion of  non-invasive  conduct  probably  has  been 
human  intolerance  for  variation  and  change. 
After  custom  and  public  opinion  have  estab- 


12      PERSONALITY  AND  CONDUCT 

lished  customary  modes  of  conduct,  most  indi- 
viduals resent  and  try  to  repress  variations 
from  these  modes  of  conduct,  even  when  such 
variations  are  not  invasive  and  may  even  be 
beneficial  to  society. 

As  a  rule  the  public  dislikes  personal  idiosyn- 
crasies, however  innocuous  they  may  be.  It  is 
constantly  trying  to  impose  its  own  conven- 
tional standards  of  taste  and  esthetic  judg- 
ments upon  the  individual.2  Thus  it  is  that 
the  public  and  its  methods  of  social  control 
themselves  become  invasive  in  their  inexcusable 
and  harmful  repression  of  the  individual,  and 
thereby  are  guilty  of  gross  violations  of  per- 
sonal liberty. 

There  will  always  be  violations  of  this  cri- 
terion of  social  control.  On  the  one  hand,  the 
invasiveness  of  certain  kinds  of  conduct  will 
always  be  obscure.  On  the  other  hand,  it  will 
never  be  possible  to  obviate  entirely  the  deeply 
rooted  tendency  to  persecute  personal  idiosyn- 
crasies and  innocuous  variations  from  the  con- 
ventional and  the  customary. 

But  these  violations  can  be  greatly  lessened. 
On  the  one  hand,  the  progress  of  science,  espe- 
cially in  its  study  of  mental  and  social  phe- 
nomena, will  reveal  more  and  more  fully  the 
true  nature  of  invasive  conduct.  On  the  other 

2  The  present  writer  once  heard  the  legal  representative  of  a 
"social  hygiene"  association  justify  a  prosecution  and  convic- 
tion for  a  felonious  offense  on  the  ground  that  the  culprit  had 
been  guilty  of  a  breach  of  "good  taste." 


INVASIVE  AND  NON-INVASIVE     13 

hand,  the  rise  in  the  average  intelligence  and 
knowledge  due  to  the  spread  of  educational  fa- 
cilities and  the  increased  intercommunication 
between  human  beings  will  broaden  the  outlook 
and  mental  vision  of  the  average  human  being 
and  will  thereby  diminish  intolerance  for  what 
is  different,  what  is  new,  and  what  is  idiosyn- 
cratic. 

DIFFERENCES   BETWEEN"    CRIME   AND   VICE 

The  more  obvious  of  the  gravely  invasive  acts 
are  stigmatized  as  criminal  by  the  law  and  are 
penalized.  Other  acts  which  are  not  so  obvi- 
ously invasive  may  or  may  not  be  penalized  by 
the  law.  These  acts  are  usually  called  vicious. 
Vicious  acts  like  criminal  acts  are  regarded 
as  immoral  and  harmful  to  society.  But  ordi- 
narily they  are  not  considered  immoral  so  gen- 
erally as  criminal  acts,  and  they  are  not  or  are 
not  supposed  to  be  so  harmful  to  society  as 
criminal  acts.  In  other  words,  vicious  acts  may 
be  defined  as  the  minor  anti-social  acts,  and 
therefore  differ  in  degree  but  not  in  kind  from 
crimes. 

Furthermore,  vicious  acts  do  not  ordinarily 
affect  other  people  directly  in  an  injurious  man- 
ner. Consequently,  it  is  usually  more  or  less 
futile  to  try  to  repress  them  by  direct  measures, 
because  there  is  no  one  who  has  been  immedi- 
ately injured  by  these  acts  who  is  anxious  to 
procure  their  repression.  Hence  it  is  often. 


14      PERSONALITY  AND  CONDUCT 

feasible  to  act  viciously  in  secret,  so  that  it  is 
almost  impossible  to  enforce  penal  legislation 
against  such  conduct.  Two  persons  may 
gamble  on  the  sidewalk  within  a  few  feet  of  a 
policeman  without  his  being  aware  of  it.  At 
all  times  much  of  the  gambling  is  sure  to  escape 
the  repressive  legislation  directed  against  it. 
Some  of  the  criminal  conduct  also  escapes  re- 
pressive legislation,  but  for  the  reasons  men- 
tioned above  this  is  true  of  a  much  larger  pro- 
portion of  the  vicious  conduct. 

It  is  usually  assumed  also  that  the  repression 
of  vicious  conduct  is  not  so  essential  to  the  pres- 
ervation of  the  existing  system  of  society  as  is 
the  repression  of  crime. 

These  are  the  principal  differences  between 
crime  and  vice.  It  is  true  that  these  differences 
are  not  absolute.  For  example,  some  forms  of 
vicious  conduct  are  more  harmful  to  society 
than  many  crimes,  and  are  in  the  long  run  more 
fatal  to  the  existing  social  system.  However, 
these  differences  indicate  that  indirect  methods 
are  as  a  rule  more  likely  to  eliminate  vicious 
conduct  than  direct,  repressive  methods.  These 
indirect  methods  are  designed  to  remove  the 
causes  of  vice,  and  will  therefore  have  more 
effect  in  the  future  than  in  the  present.  Con- 
sequently, they  have  little  immediate  value,  but 
direct  repressive  measures  are  likely  to  fail 
and  may  cause  harm  by  their  failure.  This  is 
a  problem  I  shall  discuss  in  connection  with 


INVASIVE  AND  NON-INVASIVE     15 

several  forms  of  vice  in  the  course  of  this  book, 
because  in  this  country  there  is  a  rather  strong 
tendency  towards  penalizing  acts  which  are  re- 
garded as  vicious. 

In  this  country  at  present  the  following  types 
of  conduct  are  probably  most  generally  re- 
garded as  vicious,  namely,  the  use  of  alcoholic 
liquors;  gambling;  and  prostitution  and  other 
forms  of  extra-marital  sex  relations.  The  use 
of  alcoholic  liquors  was  little  condemned  in  the 
past.  But  during  the  last  three-quarters  of  a 
century  or  more  there  has  arisen  a  strong  senti- 
ment against  their  use  which  has  been  due 
partly  to  a  realization  of  their  evil  effects,  but 
also  to  prohibitions  against  their  use  in  the 
Hebrew  scriptures.  Gambling  also  is  opposed 
to  a  considerable  extent  on  religious  grounds, 
though  a  realization  of  the  evil  effects  of 
gambling  also  plays  a  part.  The  hostile  atti- 
tude of  Christianity  towards  sex  plays  a  very 
important  part  in  the  sentiment  against  extra- 
marital sex  relations. 

It  is  noticeable  that  all  three  of  these  types  of 
conduct  are  leisure  time  activities,  and  the  op- 
position to  them  is  due  to  a  considerable  extent 
to  Puritanical  ideas  with  respect  to  pleasure 
which  still  have  much  influence  in  this  country. 
The  use  of  alcoholic  liquors  may  not  appear  to 
be  a  leisure  time  activity.  It  is  not  such  an 
activity  in  many  European  and  other  countries 
where  alcoholic  liquors  are  used  as  staple  bever- 


16      PERSONALITY  AND  CONDUCT 

ages.  But  in  this  country  they  have  hardly  at- 
tained the  status  of  staple  beverages,  and  are 
generally  regarded  as  indulgences.  In  the 
public  consciousness  gambling  is  usually  asso- 
ciated with  games,  and  is  therefore  regarded 
as  a  leisure  time  activity.  Prostitution  is  re- 
garded as  catering  to  illicit  sexual  indulgence, 
and  therefore  to  a  forbidden  form  of  pleasure. 

But  this  is  too  narrow  a  view  as  to  what  con- 
stitutes vicious  conduct.  There  is  no  justifica- 
tion for  restricting  our  conception  of  what  is 
vicious  to  leisure  time  activities.  In  its  broad- 
est sense  vice  includes  all  kinds  of  conduct 
which,  while  they  do  not  injure  other  persons 
directly,  are  socially  harmful.  It  should  in- 
clude most  forms  of  conduct  which  are  harmful 
to  the  individual,  because  whatever  is  harmful 
to  the  individual  usually  makes  him  less  valu- 
able to  society. 

If  this  broader  conception  of  vice  were 
adopted,  not  only  would  the  use  of  alcoholic 
liquors  be  regarded  as  vicious,  but  also  the  use 
of  coffee  and  tea,  which  are  regarded  as  staple 
beverages  in  this  country  and  yet  do  a  good 
deal  of  harm  to  most  of  the  individuals  who  use 
them.  Furthermore,  over-eating  and  under- 
eating  and  the  eating  of  unhygienic  food  would 
also  necessarily  be  regarded  as  vicious.  Not 
only  would  gambling  in  connection  with  games 
of  chance  be  condemned,  but  also  gambling  in 
the  stock  market  or  wherever  it  does  harm  to 


INVASIVE  AND  NON-INVASIVE     17 

the  individual.  Not  only  would  sexual  inter- 
course in  the  form  of  prostitution  be  con- 
demned, in  case  it  was  found  to  be  injurious, 
but  also  excessive  sexual  indulgence  in  mar- 
riage. In  fact,  practically  every  form  of  con- 
duct which  is  harmful  in  any  way  to  any  one 
would  be  regarded  as  vicious.  Consequently, 
over-working,  idleness,  working  in  an  inefficient 
manner,  under-sleeping,  over-sleeping,  lying, 
scandal-mongering,  backbiting,  nagging,  etc., 
would  be  recognized  as  vicious. 

But  if  the  American  tendency  to  penalize  con- 
duct which  is  regarded  as  vicious  is  adhered  to, 
it  would  be  most  unwise  to  designate  all  harm- 
ful acts  as  vicious.  In  the  first  place,  there 
would  be  endless  disagreement  as  to  what  con- 
stitutes harmful  conduct.  The  tendency  of 
most  individuals  is  to  deny  that  the  acts  to 
which  they  are  addicted  are  harmful.  In  the 
second  place,  even  if  universal  or  almost  uni- 
versal agreement  were  reached  as  to  all  kinds 
of  injurious  conduct,  the  problem  of  enforcing 
the  repressive  measures  against  vice  would  still 
remain.  It  would  be  necessary  to  make  half  of 
the  population  policemen  in  order  to  enforce  the 
law  upon  the  other  half.  But  then  there  would 
still  remain  the  problem  of  enforcing  the  law 
upon  the  policemen.  In  the  absence  of  human 
agency  it  might  become  necessary  to  solicit  su- 
pernatural assistance  to  accomplish  this  diffi- 
cult task! 


18      PERSONALITY  AND  CONDUCT 

It  is,  of  course,  absurd  to  suggest  so  much 
sumptuary  legislation.  And  yet  this  legislation 
would  be  excessive  if  every  form  of  conduct 
which  is  harmful,  in  the  first  place,  to  the  indi- 
vidual, and,  in  the  second  place,  indirectly  to 
other  persons  were  suppressed.  This  is  obvi- 
ously impossible,  and  there  is  a  limit  and  per- 
haps a  very  narrow  limit  to  the  extent  to  which 
harmful  conduct  can  be  repressed. 

If,  however,  no  attempt  is  made  to  repress 
such  conduct,  or  it  is  attempted  to  repress  only 
the  most  flagrant  forms  of  it,  it  would  be  advis- 
able to  designate  all  harmful  conduct  as  vicious. 
It  should,  however,  be  clearly  understood  that 
such  conduct  is  vicious  only  in  the  sense  that  it 
is  harmful  primarily  to  the  individual,  but  also 
indirectly  to  society. 

It  is,  therefore,  a  serious  problem  as  to  when 
the  regulation  of  vice  by  means  of  penal  law 
is  justifiable,  if,  indeed,  it  is  ever  justifiable. 
There  are  several  general  or  more  or  less  gen- 
eral objections  to  such  regulation.  In  the  first 
place,  such  regulation  is  indirectly  if  not  di- 
rectly a  form  of  sumptuary  legislation,  and  as 
such  is  distasteful  as  a  restriction  upon  per- 
sonal liberty.  In  the  second  place,  owing  to 
lack  of  public  support  it  is  frequently  impos- 
sible to  enforce  such  legislation.  This  results 
in  a  general  disrespect  for  law,  and  leads  almost 
inevitably  to  the  corruption  of  the  police.  It  is 
hardly  necessary  to  point  out  that  a  dishonest 


INVASIVE  AND  NON-INVASIVE     19 

and  inefficient  police  is  a  great  danger  to  so- 
ciety. 

In  the  third  place,  penal  repression  of  vice 
is  likely  to  give  rise  to  confusion  in  the  minds 
of  the  public  as  to  the  distinction  between  crime 
and  vice.  As  to  whether  or  not  such  confusion 
is  undesirable  depends  largely  upon  the  public 
attitude  towards  crime.  If  the  public  would 
view  crime  purely  from  a  social  and  ethical 
standpoint  and  not  from  a  religious  point  of 
view,  this  confusion  might  not  cause  any  harm. 
But  inasmuch  as  there  is  a  religious  element 
in  the  public  attitude  towards  crime,  it  is  dan- 
gerous to  confuse  crime  and  vice,  because  such 
confusion  is  almost  certain  to  lead  to  attempts 
to  repress  vice  too  harshly,  and  to  regard  vice 
as  sinful  as  well  as  immoral.  When  the  theo- 
logical concept  of  sin  has  been  replaced  by  the 
social  and  ethical  concept  of  immorality,  it  will 
become  safe  to  identify  vice  with  crime. 

Hence  it  is  that  these  questions  must  be  con- 
sidered before  deciding  whether  or  not  it  is  wise 
to  repress  any  form  of  vicious  conduct  by  penal 
methods.  Furthermore,  it  must  not  be  forgot- 
ten that  there  are  other  methods  of  social  con- 
trol, and  that  public  opinion  is  frequently  a 
safer  and  more  effective  means  of  control  in  the 
long  run  than  the  penal  law.  It  must  also  be 
remembered  that  the  prevention  of  vicious  con- 
duct is  of  far  more  importance  than  its  immedi- 
ate repression,  and  that  the  work  of  prevention 


20     PERSONALITY  AND  CONDUCT 

can  usually  be  carried  on  as  well  if  not  better 
without  the  aid  of  repressive  measures. 

Several  forms  of  conduct  which  are  or  are 
alleged  to  be  vicious  will  be  described  in  this 
book.  The  purpose  of  this  discussion  is  to 
ascertain  the  extent  to  which  society  is  justified 
in  restraining  the  individual  and  thus  limit- 
ing the  spontaneous  expression  of  human  na- 
ture. In  other  words,  I  shall  attempt  to  har- 
monize the  criterion  of  social  control  with  the 
ethical  ideal  stated  in  the  preceding  chapter.* 


CHAPTER  III 

THE  APPEAL   OF   ALCOHOL 

SEVEEAL  poisons  and  drugs,  such  as  alcohol 
and  opium,  which  have  medicinal  value  when 
properly  applied,  are  widely  used  apart  from 
their  medical  utility,  thus  causing  much  injury. 
Alcoholism  is  the  greatest  evil  which  results 
from  the  use  of  these  poisons. 

The  essential  element  in  all  alcoholic  bever- 
ages is  ethyl  alcohol,  namely,  C2H5HO.  This 
form  of  alcohol  is  produced  whenever  yeast  cells 
come  in  contact  with  the  sugar  of  crushed  fruit 
or  fermented  grain.  Mankind  probably  discov- 
ered how  to  make  alcohol  after  reaching  the 
agricultural  stage,  though  the  discovery  may 
possibly  have  been  made  in  a  few  instances  in 
the  pre-agricultural  stage.  At  any  rate,  evi- 
dence of  the  manufacture  of  alcohol  has  been 
found  as  far  back  as  the  beginning  of  the  his- 
torical period,  and  among  most  of  the  primitive 
agricultural  peoples  which  have  been  observed. 

CONSUMPTION   OF  ALCOHOLIC   BEVERAGES 

It  is  desirable,  in  the  first  place,  to  ascertain 
to  what  extent  alcohol  is  consumed  as  a  bever- 
age among  civilized  peoples.  The  following 

21 


22      PERSONALITY  AND  CONDUCT 


table  indicates  the  greatly  increased  use  of  alco- 
holic beverages  in  the  United  States  between  the 
years  1840  and  1916  inclusive :  * 

CONSUMPTION  OF  ALCOHOLIC  LIQUORS  IN  THE 
UNITED  STATES,  1840-1916 

Total  consumption  per  capita. 


_             ,   .   Of  distilled   _  ,      . 
Tear  ended       gpirits       Of  wines 

June  SO     ProoigaUaM  Gallon, 

1840   ... 

2.52 

0.29 

1850    ... 

2.24 

.27 

1860    ... 

2.86 

.34 

1870   ... 

2.07 

.32 

1880  ... 

1.27 

.56 

1890   ... 

1.40 

.46 

1900  ... 

1.28 

.39 

1910   ... 

1.42 

.65 

1911    ... 

1.46 

.67 

1912   ... 

1.44 

.58 

1913   ... 

1.50 

.56 

1914   ... 

1.43 

.52 

1915    ... 

1.25 

.32 

1916  ... 

1.35 

.46 

Of  malt 

Of  all  liquort 

liquors 

and  icinea 

Gallons 

Gallons 

1.36 

4.17 

1.58 

4.08 

3.22 

6.43 

5.31 

7.70 

8.26 

10.08 

13.67 

15.53 

16.09 

17.76 

20.09 

22.19 

20.66 

22.79 

10.96 

21.98 

20.62 

22.68 

20.54 

22.50 

18.24 

19.80 

17.59 

19.40 

This  increase  is  due  to  the  huge  increase  in 
the  use  of  malt  liquors,  while  the  consumption 
of  distilled  spirits  has  diminished  about  50  per 
cent.  Fermented  liquors  cannot  contain  over 
13  or  14  per  cent  of  alcohol,  because  at  that 
point  the  free  alcohol  in  the  liquor  begins  to 
poison  the  cells  that  excreted  it  and  fermenta- 
tion ceases.  So  that  all  alcoholic  liquors  con- 
taining over  14  per  cent  of  alcohol  are  pro- 

i  See  the  annual  reports  of  the  U.  S.  Commissioner  of  In- 
ternal Revenue  for  detailed  facts  as  to  the  liquor  traffic  in  thia 
country.  The  above  table  is  taken  from  the  "Statistical  Ab- 
Btract  of  the  U.  S-,  1916,"  Washington,  1917. 


THE  APPEAL  OF  ALCOHOL        23 

duced  by  distillation.  Malt  liquors  contain 
much  less  than  14  per  cent  on  the  average. 
American  lager  beer  is  said  to  contain  from  3 
to  6  per  cent.2  Wines  vary  greatly  in  strength, 
containing  from  10  to  40  per  cent  according  to 
the  extent  to  which  they  have  been  fortified  with 
alcohol.  American  "proof  spirits"  contain 
40.7  per  cent  of  alcohol  by  weight,  and  50  per 
cent  by  volume. 

Consequently,  the  increase  in  the  per  capita 
consumption  of  alcohol  has  been  far  less  pro- 
portionately than  the  increase  in  the  per  capita 
consumption  of  alcoholic  liquors.  Hence  the 
injury  caused  has  not  increased  as  rapidly  as 
the  quantity  of  liquor  consumed,  though  the  in- 
jury done  to  the  kidneys  and  other  internal  or- 
gans by  the  huge  increase  in  the  use  of  malt 
liquors  cannot  be  measured. 

In  most  of  the  other  countries  the  per  capita 
consumption  is  as  great  or  greater  than  in  this 
country.  The  following  table  gives  approxi- 
mately the  per  capita  consumption  in  a  number 
of  foreign  countries : 3 

2  See  the  "Cyclopedia  of  Temperance  and  Prohibition,"  New 
York.  Since  the  above  was  written  the  U.  S.  Food  Administra- 
tion in  November,  1917,  limited  the  alcohol  in  beer  to  a  maxi- 
mum of  3  per  cent. 

s  This  table  was  compiled  by  Dr.  J.  Gabrielson  for  the  Swed- 
ish Temperance  Committee.  It  is  quoted  here  from  J.  Koren, 
"Alcohol  and  Society,"  New  York,  1916,  pp.  260-261.  Accord- 
ing to  Webb,  the  annual  per  capita  consumption  of  alcoholic 
liquors  in  the  German  Empire  during  the  years  1901  to  1905 
was  as  follows:  Spirits,  1.55  imperial  gallons;  wine,  1.46  im- 


24      PERSONALITY  AND  CONDUCT 


THE  ANNUAL  PER  CAPITA  CONSUMPTION  IN  A 

NUMBER  OF  FOREIGN  COUNTRIES  OF 

WHISKEY,  BEER  AND  WINE  DURING 

THE  YEARS  1906-1910 


Countries      , 
Norway  

Whiskey 
Liter  50<? 

2.87 
6.8 
10.44 
2.31 

6.09 
7.29 
7.16 
5.47 

4.17 
8.82 
3.24 
1.04 
3.82 
1.02 

8.20 
6.50 
0.62 
8.10 
1.68 

1.91 
4.04 
3.97 
0.60 

5.51 
4.23 

Beer 

fc)  (Liter) 
18.43 
23.8 
36.16 

7.82 

6.52 
104.98 
27.28 
220.82 

123.06 
71.66 
84.05 
0.95 
69.01 
1.63 

34.16 
2.39 
3.48 
3.68 
0.82 

5.71 
65.56 

44.78 
0.47 

76.25 
22.61 
1.44 
3.14 
12.26 

Wine     Pure  Alcohol 
(Liter)         (Liter) 
1.16              2.37 
0.5                4.9 
1.50              6.82 
0.61               1.56 

0.86              3.41 
4.76              7.47 
1.55              5.01 
6.16            10.58 

1.23              9.67 
144.00            22.93 
69.50             14.02 
92.58             12.59 
55.65            13.71 
128.58             17.29 

19.84              7.68 
23.62              5.20 
25.74              3.02 
20.21              
100.04             13.87 

3.76              1.85 
2.33              5.65 
0.94               4.61 
15.14               2.36 

2.37              6.89 
0.42              3.31 
4.71 
41.56             10.21 
91.24 

Sweden    

Denmark  .... 
Finland   

European 
Russia  .... 
Turkey    

Netherlands   . 
Belgium    .... 
Great   Britain 
and   Ireland 
France    

Spain  

Portugal   .... 
Switzerland    . 
Italy    

Austria- 
Hungary    .. 
Roumania  .  .  . 
Bulgaria   
Servia    

Greece    

British  South 
Africa    
Australia    .  .  . 
New  Zealand. 
Japan     

UNITED 
STATES    .. 
Canada      .... 

Brazil             . 

Argentine   .  .  . 
Chili 

8.44 

perial   gallons;    beer,   26.25  imperial  gallons.     (A.   D.   Webb, 
"The  New  Dictionary  of  Statistics,"  London,  1911. 

The  enormous  cost  of  producing  these  alcoholic  beverages  is 


THE  APPEAL  OF  ALCOHOL        25 

CAUSES   OF   ALCOHOLISM 

What  are  the  causes  of  this  huge  consumption 
of  a  poison  like  alcohol?  To  begin  with,  it  is 
easy  to  state  what  unquestionably  are  not  the 
causes  of  this  consumption  of  alcohol.  The  odor 
and  the  taste  of  alcoholic  drinks  doubtless  are 
not  pleasant  to  the  vast  majority  of  persons. 
Most  of  these  beverages  are  bitter  or  sour,  and 
are,  therefore,  obnoxious  until  a  special  taste 
for  them  is  acquired.  While  they  quench  the 
thirst  momentarily,  they  do  so  no  better  than 
water,  and  many  of  them  create  a  greater 
thirst  in  the  future. 

Alcohol  furnishes  no  nutriment  to  the  body. 
A  small  amount  of  alcohol  may  under  favorable 
circumstances  be  oxidized  within  the  body  and 
thus  furnish  a  little  heat.  But  even  more  heat 
is  expended  in  eliminating  the  poison  from  the 
system.  So  that  alcohol  has  no  nutritive  value 
whatsoever. 

Alcohol  is  in  the  main  not  a  stimulant  but  a 
depressant.  It  is  true  that  it  may  under  favor- 
able conditions  stimulate  temporarily  certain  of 
the  bodily  organs,  such  as  the  heart.  But  upon 
most  of  the  body  at  all  times  and  upon  all  of 
the  body  in  the  long  run  its  effect  is  depressing. 
It  is,  therefore,  hardly  necessary  to  add  that 

indicated  by  the  fact  that  the  wholesale  value  of  the  alcoholic 
liquors  produced  in  this  country  is  said  to  be  about  $600,000,- 
000,  almost  equaling  the  value  of  the  wheat  crop.  (See  the 
"Anti-Saloon  League  Year  Book  for  1916,"  p.  76.) 


26      PERSONALITY  AND  CONDUCT 

instead  of  increasing  physical  and  mental  effi- 
ciency, except  occasionally  very  temporarily,  it 
is  a  potent  force  for  decreasing  such  efficiency. 
Numerous  tests  of  the  muscular  and  other  phy- 
sical processes  and  psychological  tests  of  the 
mental  processes  have  revealed  the  depressing 
effect  of  alcohol.  It  is  highly  improbable  that 
the  mistaken  notion,  still  more  or  less  prevalent, 
that  alcohol  furnishes  energy  accounts  to  any 
great  extent  for  the  consumption  of  alcohol. 

Alcohol  has  an  intoxicant  and  a  narcotic  ef- 
fect. In  both  of  these  roles  it  checks  the  activ- 
ity and  lessens  the  efficiency  of  the  nerve  cen- 
ters, especially  of  the  higher  cerebral  centers 
which  are  unusually  sensitive.  According  to  the 
traits  of  the  drinker  and  the  circumstances  un- 
der which  the  imbibition  takes  place,  it  may  in- 
toxicate in  which  case  it  has  an  exhilarating 
effect,  or  it  may  narcotize  in  which  case  it  dead- 
ens some  or  all  of  the  sensations,  or  it  may 
narcotize  after  having  intoxicated.  In  all  cases 
it  tends  to  deaden  temporarily  feelings  of  sor- 
row, discomfort  and  pain,  in  other  words,  all 
unpleasant  feelings;  and  sometimes  to  substi- 
tute for  them  transient  pleasurable  feelings. 
In  this  fashion  alcohol  relaxes  temporarily  the 
strain  of  the  usual  and  unusual  trials  and  suf- 
ferings of  life,  and  thus  for  a  time  affords  re- 
lief. There  can  be  little  doubt  that  the  enor- 
mous consumption  of  alcohol  is  due  in  the  main 


THE  APPEAL  OF  ALCOHOL         27 

to  these  effects  of  this  poisonous  drug.4  On 
convivial  occasions  it  is  desired  on  account  of 
its  exhilarating  effect.  At  times  of  physical 
and  mental  suffering  it  is  eagerly  sought  be- 
cause of  its  narcotic  effect.  At  all  times  it  has 
a  temporarily  pleasant  effect  for  those  who  have 
formed  the  habit  of  imbibing  it. 

Man  discovered  these  effects  of  alcohol  many 
centuries  ago.  But  during  savagery  and  early 
barbarism  he  was  unable  to  manufacture  alco- 
holic beverages  at  all  seasons  of  the  year  and 
to  store  alcoholic  liquor  during  long  periods  of 
time.  Consequently,  he  was  able  to  indulge  in 
alcoholic  orgies  at  the  harvesting  seasons  when 
he  had  a  plentiful  supply  of  alcohol,  but  was 
forced  to  abstain  at  other  times. 

As  civilization  advanced  it  became  possible 
for  man  to  manufacture  alcohol  at  all  seasons 
of  the  year  and  to  keep  a  large  supply  on  hand 
at  all  times,  thus  making  possible  the  continu- 

*  "Clearly,  then,  the  essential  factor  in  the  attractiveness  of 
alcoholic  drinks  is  their  power  to  intoxicate  and  narcotize,  a 
conclusion  wnich  is  further  suggested  by  the  fact  that  mankind 
shows  a  disposition  to  indulge  in  a  variety  of  intoxicant  and 
narcotic  substances  (such  as  opium,  hashish)  which  have  noth- 
ing but  their  drug  effects  to  recommend  them."  (Harry  Camp- 
bell, The  Biology  of  Alcoholism,  in  "The  Drink  Problem  of  To- 
Day,"  edited  by  T.  N.  Kelynack,  London,  1916,  p.  16.) 

"We  thus  trace  the  desire  for  alcohol  to  the  inherent  need  of 
mind  and  body  for  relaxation,  a  need  normally  supplied  by  all 
the  varied  forms  of  play  and  sport.  Psychologically  it  is  the 
expression  of  the  desire  for  release  from  the  tension  of  the 
strenuous  life."  (G.  T.  W.  Patrick,  "The  Psychology  of  Re- 
laxation," Boston,  1916,  p.  208.) 


28      PERSONALITY  AND  CONDUCT 

ous  use  of  alcoholic  beverages.  Furthermore, 
the  skill  involved  in  manufacturing  them  in- 
creased, so  that  their  quality  improved  and 
their  taste  was  made  more  pleasing  by  means 
of  sweetening,  etc.  These  factors  have  inevi- 
tably enhanced  greatly  the  consumption  of  al- 
cohoL 

It  is  also  highly  probable  that  the  human 
craving  for  alcohol  has  been  greatly  accentuated 
by  civilization.  The  progress  of  civilization 
has  increased  greatly  the  complexity  of  human 
life,  and  has  thus  aggravated  the  strain  upon 
the  nervous  system.  Consequently,  it  would 
naturally  increase  the  demand  for  the  relief  and 
relaxation  furnished  by  alcohol.  Furthermore, 
civilized  man  has  not  as  many  opportunities  as 
were  possessed  by  primitive  man  for  securing 
this  relief  through  natural  means  such  as  hunt- 
ing, fighting,  and  various  forms  of  physical 
play,  so  that  he  is  prone  to  seek  this  relief 
through  artificial  means  such  as  alcohol. 

Thus  it  is  that  civilization  has,  on  the  one 
hand,  increased  the  supply  of  alcohol  by  improv- 
ing the  facilities  for  manufacturing  it,  and  has, 
on  the  other  hand,  increased  the  demand  for  it 
by  intensifying  the  nervous  strain  of  human 
life  and  at  the  same  time  cutting  off  some  of  the 
natural  modes  of  securing  relief  from  this 
strain.  Increased  alcoholism  is,  therefore,  one 
of  the  evil  results  from  civilization  along  with 
an  increase  in  insanity,  crime,  suicide,  etc. 


THE  APPEAL  OF  ALCOHOL         29 

EFFECTS   OF   ALCOHOL 

Let  us  consider  briefly  the  evil  effects  from 
the  use  of  alcohol.  Some  of  these  effects  have 
already  been  suggested.  As  a  poison  and  de- 
pressant it  is  sure  to  do  much  physical  and  men- 
tal injury  to  those  who  use  it  habitually.  The 
injurious  physical  effects  have  been  summarized 
by  a  well  known  English  authority  in  the  follow- 
ing words : — 

"Alcohol  plays  a  prominent  part  in  bringing 
about  degeneration  of  nerves,  muscles,  and  epi- 
thelial cells;  it  determines  the  accumulation 
of  waste  products  in  the  tissues  by  paralysing 
the  tissue  cells,  interfering  with  oxidation,  with 
secretion  and  excretion ;  it  induces  the  prolifer- 
ation of  the  lower  forms  of  tissue,  often  at  the 
expense  of  the  more  highly  developed  tissues, 
which  in  its  presence  undergo  marked  degenera- 
tive changes ;  it  interferes  directly  with  the  pro- 
duction of  immunity  against  specific  infective 
diseases,  and  reasoning  from  analogy  it  may  be 
assumed  that  it  plays  an  equally  important  part 
in  impairing  the  resistance  of  tissues  to  the  ad- 
vance of  the  active  agents  in  the  production  of 
disease  that  may  have  already  obtained  a  foot- 
hold in  the  body. ' ' 5 

6  G.  Sims  Woodhead,  The  Pathology  of  Alcoholism,  in  "The 
Drink  Problem  of  To-Day,"  pp.  81-82. 

Doctor  Woodhead  goes  on  to  point  out  further  evil  effects 
from  the  use  of  alcohol  as  follows: — ''Alcohol  lowers  vitality, 
impairs  judgment,  sterilizes  initiative,  absorbs  wealth,  vitiates 


30      PERSONALITY  AND  CONDUCT 

A  poison  which  is  so  injurious  to  the  organ- 
ism and  which  interferes  to  so  great  an  extent 
with  the  vital  processes  is  inevitably  a  powerful 
factor  for  disease  and  mortality.  It  is  obvi- 
ously impossible  to  measure  accurately  the  ex- 
tent to  which  alcohol  causes  disease  and  death. 
But  governmental  and  insurance  morbidity  and 
mortality  statistics  give  us  a  few  indications. 
For  example,  on  the  basis  of  insurance  data 
Phelps  estimated  that  "alcohol  may  have  been 
directly  or  indirectly  responsible  for  about  66,- 
000  deaths  in  Continental  United  States  in  1908, 
or  for  about  one  in  every  thirteen  deaths  at 
adult  ages,  a  figure  equivalent  to  5.1  per  cent,  of 
the  total  mortality  from  all  causes  at  all 
ages."6  As  the  use  of  alcohol  doubtless  re- 
duces the  resistance  to  disease  in  many  cases 
where  it  is  utterly  impossible  to  trace  its  in- 
fluence, its  potency  as  a  factor  for  morbidity 
and  mortality  must  be  greater  than  can  be 
shown  by  any  reliable  statistics. 

In  view  of  the  above  facts,  it  is  safe  to  as- 
sume that  alcohol  greatly  reduces  physical  and 
mental  efficiency.  Many  investigations  have 

morality,  and  in  raising  the  morbidity-rate,  increases  the  death- 
rate." 

•  E.  B.  Phelps,  The  Mortality  of  Alcohol,  in  the  Am.  Under- 
writer, Vol.  XXXVI,  No.  1,  Sept.,  1911.  See  also  E.  B.  Phelps, 
The  Supposed  Death-Rates  of  Abstainers  and  N  on- Abstainers 
and  Their  Lack  of  Scientific  Value,  in  the  Am.  Underwriter, 
Vol.  XL,  No.  1,  July,  1913;  Relative  Death-Rates  of  Self -De- 
dared  Abstainers  and  Moderate  Drinkers  from  the  Actuaries' 
Point  of  View,  in  the  Am.  Underwriter,  Vol.  XLJII,  No.  6, 
June,  1915. 


THE  APPEAL  OF  ALCOHOL        31 

confirmed  the  truth  of  this  assumption.  Espe- 
cially true  is  this  of  mental  efficiency,  because  it 
depends  even  more  than  physical  efficiency  upon 
the  activity  of  the  higher  cerebral  centers,  and 
I  have  already  indicated  that  these  higher 
nerve  centers  are  peculiarly  sensitive  to  the  in- 
fluence of  alcohol.  Indeed  there  is  scarcely 
anything  which  will  take  the  keen  edge,  so  to 
speak,  off  the  activity  of  the  mind  so  quickly 
as  alcohol,  even  when  taken  in  small  quanti- 
ties. So  that  so-called  moderate  drinking 
alone  is  sufficient  to  reduce  materially  the  effi- 
ciency of  the  drinker,  and  the  total  loss  to  hu- 
man society  from  the  consumption  of  alcohol 
in  the  past  and  the  present  is  incalculable  in 
extent. 


CHAPTER  IV 

ALCOHOLISM   AND   DRUG   HABITS 

ALCOHOL  is  used  more  and  therefore  causes 
more  harm  than  any  other  poison.  But  several 
narcotic  and  hypnotic  drugs  are  habitually  used 
by  many  persons  and  also  do  much  injury.  The 
principal  narcotic  drug  is  opium,  and  morphine 
is  its  chief  derivative.  Codeine  and  heroin  are 
derived  from  morphine.  Among  the  hypnotic 
drugs  are  veronal,  trional,  sulphonal,  medinal, 
and  other  coal-tar  products.  Other  habit-form- 
ing drugs  are  cocaine,  chloral,  ether,  belladonna, 
hashish,  chloroform,  the  bromides,  etc. 

DRUG   HABITS 

It  is  not  easy  to  estimate  the  number  of  drug 
users.1  Some  of  these  drugs  are  expensive,  so 
that  their  use  is  restricted  to  the  rich.  Other 
drugs  are  fairly  cheap  and  easy  to  procure. 
Drug  habits  have  probably  increased  recently  in 
Europe  and  America.  This  is  doubtless  due  in 
part  to  the  pressure  of  our  complex  civilization 

i  Some  years  ago  a  committee  of  the  American  Pharmaceu- 
tical Association  estimated  that  there  were  not  more  than  200,- 
000  drug  addicts  in  this  country.  This  estimate  was  recently 
confirmed  in  a  report  by  M.  I.  Wilbert,  Technical  Assistant, 
Division  of  Pharmacology,  Hygienic  Laboratory,  U.  S.  Public 
Health  Service.  (See  The  Are«>  York  Times,  August  29,  1915.) 

32 


ALCOHOLISM  AND  DRUG  HABITS    33 

from  which  some  individuals  seek  relief  with 
the  aid  of  drugs.  But  it  is  also  due  to  the 
spread  of  knowledge  as  to  the  existence  and 
effect  of  these  dangerous  substances,  and  to  the 
increased  facility  with  which  they  can  be  se- 
cured, except  where  restrictive  and  prohibitory 
laws  against  their  use  have  been  enacted  and 
are  enforced. 

The  immediate  effect  of  a  drug  upon  conduct 
is  usually  not  so  deleterious  as  the  immediate 
effect  of  alcohol.  But  in  the  long  run  a  drug 
habit  is  almost  invariably  more  insidious  and 
more  difficult  to  break  than  alcoholism.  A  drug 
habit  destroys  physical  and  mental  health  and 
causes  moral  degeneracy,  even  more  effectively 
than  alcoholism.  Since  a  drug  does  not  usually 
excite  its  user  in  the  same  way  as  alcohol,  it  is 
not  very  likely  to  lead  immediately  to  a  crime  of 
violence.  But  the  constant  use  of  drugs  in- 
capacitates the  user  for  productive  labor  and 
destroys  the  moral  character,  so  that  the  drug 
addict  is  more  or  less  prone  to  drift  into  crime. 
Frequently  the  crimes  are  committed  in  the 
effort  to  secure  the  drug,  because  the  craving 
for  the  drug  usually  dominates  in  course  of 
time  every  other  impulse  and  desire  of  the  in- 
dividual. 

Three  other  substances  containing  poison  are 
widely  used,  namely,  tobacco,  coffee,  and  tea.2 

2  In  1909,  there  were  produced  in  the  United  States  1,055,- 
764,806  pounds  of  tobacco.  In  1915,  the  per  capita  consump- 


34      PERSONALITY  AND  CONDUCT 

No  one  of  these  substances  is  so  harmful  or  so 
dangerous  as  alcohol  or  the  habit-forming  drugs 
mentioned  above.  The  excessive  use  of  any  one 
of  them  is  comparatively  rare.  Furthermore, 
all  three  of  them,  and  especially  tobacco,  aid 
far  more  than  alcohol  in  encouraging  social  in- 
tercourse, while  the  drugs  are  almost  entirely 
lacking  in  this  social  value. 

The  immediate  effect  of  neither  tobacco,  cof- 
fee, nor  tea  is  bad  upon  the  conduct,  since  they 
neither  excite  nor  stupefy  to  any  great  extent. 
The  careers  of  few  persons  are  completely 
wrecked  by  the  use  of  any  one  of  these  three 
substances.  And  yet  their  use  is  so  widespread 
that  their  total  cumulative  effect  doubtless  con- 
stitutes a  great  evil.  There  can  be  no  doubt 
that  they  reduce  materially  the  capacity  for 
achievement  of  the  human  race.  They  furnish 
additional  examples  of  artificial  methods  of  se- 
curing relief  from  strain  which  may  do  more 
harm  than  good  in  the  long  run. 

CAUSES   OF   ABNORMAL   HABITS 

There  are  various  ways  in  which  these  alco- 
holic and  drug  habits  may  be  acquired.  It  is 
evident  that  if  a  person  is  ignorant  of  the 
existence  of  these  noxious  substances  and  is 
never  given  an  opportunity  to  make  use  of  them, 

tion  of  coffee  in  this  country  was  10.52  Ibs.,  an  increase  of 
nearly  100  per  cent  since  1850,  and  the  per  capita  consump- 
tion of  tea  was  0.91  Ibs.  ("Statistical  Abstract  of  the  U.  S.," 
1915,  Washington,  1916.) 


ALCOHOLISM  AND  DRUG  HABITS     35 

he  will  not  acquire  any  of  these  habits.  If 
he  comes  into  contact  with  these  substances,  he 
may  or  may  not  acquire  an  appetite  for  one  or 
more  of  them  according  to  his  circumstances. 
If  he  is  informed  early  in  life  of  their  danger- 
ousness,  this  information  may  prove  to  be  a  suf- 
ficient warning.  On  the  other  hand,  excessive 
restrictions  early  in  youth  will  sometimes  drive 
the  young  person  to  the  other  extreme,  and  will 
furnish  him  an  inducement  for  acquiring  these 
habits.  But  if  the  youth  is  not  taught  their 
harmfulness  and  is  reared  in  an  environment 
where  there  is  more  or  less  social  pressure  to 
indulge  in  the  use  of  some  of  these  toxic  sub- 
stances, he  or  she  is  very  likely  to  acquire  one  or 
more  of  these  habits. 

There  are  many  circumstances  under  which  a 
person  may  acquire  one  of  these  habits  later 
in  life.  A  person  may  be  engaged  in  an  occu- 
pation in  which  the  strain  upon  him  is  so  great 
that  he  is  under  strong  temptation  to  indulge 
in  stimulants.  Or  great  sorrow  and  unhappi- 
ness  may  lead  to  the  use  of  stimulants  or  nar- 
cotics. Or,  owing  to  disease  or  accident,  suffer- 
ing from  great  pain  may  furnish  strong  induce- 
ment to  indulge  in  narcotics  or  hypnotics. 

There  is  reason  to  believe  that  some  of  the 
drug  fiends,  perhaps  many  of  them,  have  ac- 
quired their  habits  because  at  a  time  of  illness 
they  have  been  given  drugs  by  physicians  in  or- 
der to  deaden  their  pain  or  to  induce  sleep. 


36      PERSONALITY  AND  CONDUCT 

The  fact  that  drug  addiction  is  more  or  less 
prevalent  among  physicians  and  nurses  may  be 
of  some  significance  in  this  connection.  Some 
of  the  " cures"  for  alcoholism  with  the  aid  of 
drugs  also  result  frequently  in  drug  addiction. 

Many  patent  medicines  contain  alcohol  and 
some  of  them  contain  habit-forming  drugs. 
Laboratory  examinations  have  revealed  the  fact 
that  some  of  them  contain  more  than  forty  per 
cent  of  alcohol.  Thus  these  medicines  become 
disguised  forms  of  alcoholic  beverages  and  of 
drug  compounds.  Many  individuals  have  be- 
come alcoholists  or  drug  fiends  as  a  result  of 
using  these  patent  medicines.  Some  of  these 
persons  have  at  no  time  been  aware  that  they 
were  taking  alcohol  and  poisonous  drugs,  and 
have,  therefore,  not  realized  that  they  were 
forming  one  of  these  dangerous  habits. 

In  some  cases  the  acquiring  of  any  of  these 
habits  is  preceded  by  an  abnormal  mental  and 
neural  condition  which  is  a  good  basis  upon 
which  the  habit  may  grow.  Just  what  this  con- 
dition is  cannot  always  be  ascertained.  But 
presumably  the  nerve  centers  are  sensitive  in 
such  a  fashion  or  to  such  a  degree  that  a  stimu- 
lant, narcotic  or  hypnotic,  gives  an  unusual 
amount  of  satisfaction.  Consequently,  when 
the  subject  makes  the  acquaintance  of  one  of 
these  noxious  substances,  it  arouses  in  him  a 
desire  and  craving  for  it  far  exceeding  that  of 
the  normal  person,  who  may  desire  it  only  to  a 


ALCOHOLISM  AND  DRUG  HABITS    37 

moderate  degree  or  not  at  all.  Failure  to  over- 
come this  craving  results  in  the  establishment 
of  the  habit,  which  is  sure  to  increase  the  mor- 
bid mental  and  neural  condition  of  the  victim  of 
the  habit. 

This  is  the  true  psychiatric  type  of  the  inebri- 
ate and  "dope  fiend,"  namely,  the  person  who 
has  acquired  one  of  these  habits  because  of  a 
pre-existing  abnormal  condition.  This  condi- 
tion doubtless  varies  considerably  in  different 
cases,  and  frequently  resembles  the  physiologi- 
cal basis  of  the  neuroses,  insanity,  and  the  other 
forms  of  mental  infirmity.  But  in  each  of  these 
cases  is  present  the  diathesis  for  the  formation 
of  these  dangerous  habits. 

Where  this  diathesis  is  present  it  is  almost 
hopeless  to  try  to  cure  its  victim  of  the  habit, 
since  neither  the  will  of  the  patient  nor  the  ef- 
forts of  others  are  likely  to  overcome  this  crav- 
ing. This  thought  has  been  expressed  by  a 
writer  on  alcoholism  in  the  following  words : — 
"The  will  is  only  a  secondary  factor  in  deter- 
mining whether  an  individual  shall  be  drunk  or 
sober;  a  weak-willed  person  who  is  indifferent 
to  alcohol  is  much  less  likely  to  drift  into  in- 
temperance than  a  strong-willed  person  who  is 
highly  susceptible  to  its  attractions.  I  do  not 
wish  to  underestimate  the  influence  of  will- 
power in  this  connexion ;  a  strong  will  may  as- 
suredly overcome  a  strong  natural  bias  to  ine- 
briety, and  many  a  man  would  undoubtedly  drift 


38      PEESONALITY  AND  CONDUCT 

into  intemperance  but  for  the  exercise  of  great 
self-control.  Where  will-power  is  most  effec- 
tive is  in  preventing  the  hitherto  sober  man 
from  becoming  intemperate ;  but  once  habits  of 
intemperance  have  been  contracted,  the  will  is 
too  often  powerless  to  oppose  an  effective  resis- 
tance. Only  exceptionally  does  a  chronic 
drunkard  become  sober  through  sheer  strength 
of  will."3 

Another  writer  on  alcoholism,  Archdall  Eeid, 
has,  indeed,  gone  so  far  as  to  affirm  that  there 
is  a  distinct  alcoholic  type  which  possesses  this 
inborn  craving  for  alcohol.  He  asserts  that  a 
process  of  selection  is  now  going  on  by  means  of 
which  this  type  is  gradually  being  eliminated. 
In  the  following  words  he  expresses  the  belief 
that  alcohol  is  in  this  fashion  a  factor  in  the 
evolution  of  the  human  race: — "Since  alcohol 
weeds  out  enormous  numbers  of  people  of  a 
particular  type,  it  is  a  stringent  agent  of  selec- 
tion— an  agent  of  selection  more  stringent  than 
any  one  disease.  Many  diseases  have  been  the 
cause  of  great  and  manifest  evolution.  It  fol- 
lows that  alcohol  which  has  been  used  by  many 
races  for  thousands  of  years  should  be  the  cause 
of  an  evolution  at  least  as  great  as  that  which 
has  been  caused  by  any  one  disease." 4 

Reid's  theory  has  not  been  proved,  and  it  is 

3  Harry  Campbell,  The  Biology  of  Alcoholism,  in  "The  Drink 
Problem  of  To-day,"  edited  by  T.  N.  Kelyna«k,  London,  1916, 
p  21. 

*  G.  Archdall  Reid,  "Alcoholism,"  London,  1901,  p.  86. 


ALCOHOLISM  AND  DEUG  HABITS     39 

probably  erroneous  to  recognize  a  distinct  al- 
coholic type.  Alcoholism  and  the  drug  habits 
are  among  the  manifestations  of  a  polymorphic 
morbid  heredity.  In  many  respects  they  re- 
semble some  of  the  other  manifestations  of  a 
morbid  heredity,  such  as  the  neuroses,  certain 
types  of  insanity,  several  forms  of  criminal 
conduct,  such  as  kleptomania,  etc.  Each  of 
these  manifestations  reveals  congenital  physi- 
cal and  mental  weaknesses.  They  all  act  and 
react  upon  each  other  and  upon  the  weaknesses 
which  underly  them. 

The  treatment  and  prevention  of  these  dan- 
gerous habits  involve  complicated  medical  and 
psychological  problems  which  cannot  be  dis- 
cussed at  length  in  this  book.  In  the  following 
chapter  will  be  described  the  regulation  and  con- 
trol of  these  habits  in  so  far  as  these  habits  are 
directly  or  obviously  invasive  in  their  effects. 
All  of  these  habits  are  more  or  less  invasive. 
This  is  peculiarly  true  of  alcoholism.  The  al- 
coholist  constantly  menaces  his  fellows  with 
acts  of  violence  and  other  directly  invasive  con- 
duct. 

ALCOHOLISM   AS   A   CAUSE   OF   POVERTY  AND   CRIME 

Perhaps  the  most  striking,  though  not  neces- 
sarily the  worst,  results  from  the  use  of  alcohol 
are  to  be  found  in  the  forms  of  poverty,  pauper- 
ism, and  crime.  It  is  impossible  to  measure  ac- 
curately the  influence  of  alcohol.  Furthermore, 


40      PERSONALITY  AND  CONDUCT 

in  the  cases  of  poverty  and  pauperism  it  is 
frequently  difficult  to  ascertain  whether  the  use 
of  alcohol  was  originally  a  cause  or  a  result. 

In  many  cases  there  is  reason  to  believe  that 
it  was  the  misery  of  poverty  which  led  to  the  use 
of  alcohol.  But  however  this  may  be,  the  use 
of  alcohol  invariably  accentuates  the  degree  of 
destitution  and  drags  its  user  down  into  still 
lower  depths  of  misery.  The  records  of  the 
public  and  private  philanthropic  organizations 
furnish  ample  evidence  of  the  large  number  of 
cases  in  which  alcohol  is  a  contributing  when 
not  the  original  cause  of  poverty  and  pauper- 
ism. 

The  influence  of  alcohol  in  causing  crime  is 
usually  more  immediate  and  direct  than  in  the 
causation  of  poverty  and  pauperism.  By  its 
effect  upon  the  nervous  system,  and  especially 
the  higher  cerebral  centers,  it  tends  to  weaken 
the  powers  of  judgment  and  of  self-control,  thus 
lessening  materially  the  responsibility  of  the 
individual  for  his  conduct. 

Consequently,  it  becomes  easy  for  the  person 
under  the  influence  of  alcohol  to  commit  acts 
which  he  would  never  think  of  committing  when 
entirely  free  from  this  baneful  influence.  Un- 
der these  conditions  the  individual  is  much  more 
likely  to  commit  crimes  of  violence  than  other 
kinds  of  crimes.  The  influence  of  alcoholic  in- 
toxication upon  crime,  and  especially  in  caus- 


ALCOHOLISM  AND  DRUG  HABITS     41 

ing  crimes  of  violence  has  been  stated  in  the 
following  words : — 

"  Considering  the  several  categories  of  seri- 
ous delinquency,  we  have  found  that  alcoholic 
intoxication  is  answerable  for  about  60  per  cent 
of  indictable  crimes  of  violence,  and  for  a  ra- 
ther higher  proportion  of  minor  offences  of  the 
same  class;  that  it  is  probably  the  cause  of 
nearly  half  the  crimes  of  lust ;  and  that,  on  the 
other  hand,  it  makes  no  appreciable  contribu- 
tion to  crimes  of  acquisitiveness.  And  we  have 
further  seen  that,  while  in  one  form  of  sexual 
crime — rape  on  adults — "the  alcoholic  condition 
which  leads  to  the  act  may  be  no  more  than  sim- 
ple drunkenness,  all  the  other  varieties  of  delin- 
quency due  to  alcoholism  depend  almost  entirely 
on  the  chronic  intoxication. "  B 

But  the  indirect  effects  of  alcohol  in  causing 
crime  are  perhaps  even  greater  than  its  direct 
effects  through  intoxication.  The  habitual  use 
of  alcohol  resulting  in  chronic  alcoholism  inca- 
pacitates many  individuals  for  useful  labor, 
thus  rendering  them  incapable  of  supporting 
themselves,  and  weakens  and  gradually  destroys 
their  moral  character.  The  combination  of  un- 
employment and  moral  degeneracy  is  very 
likely  to  lead  the  inebriate  into  vagabondage 
and  mendicancy,  and  eventually  to  thieving  and 

B  W.  C.  Sullivan,  Alcohol  and  Crime,  in  "The  Drink  Problem 
of  To-day,"  p.  170. 


42      PERSONALITY  AND  CONDUCT 

other  forms  of  criminality.  The  influence  of 
alcohol  upon  criminality  in  general  has  been 
well  summed  up  as  follows : — 

"The  psychic  features  of  chronic  alcoholic 
intoxication  which  are  of  especial  criminalistic 
importance  are,  first,  the  ethical  leveling  which 
is  here  preeminent  as  long  as  the  intoxication 
lasts,  while  it  is  temporary  during  acute  intoxi- 
cation ;  second,  the  lowering  of  the  capacity  for 
physical  and  mental  work ;  third,  alcoholic  psy- 
choses. The  first  two  effects  of  chronic  intoxi- 
cation are  regularly  met  with;  the  last  occurs 
only  in  a  relatively  small  number  of  chronic 
alcoholics.  It  goes  without  saying,  that  the 
effects  of  acute  intoxication  on  the  emotions  and 
on  the  psychomotricity  accompany  also  chronic 
alcoholism,  especially  when  it  is  complicated 
by  an  acute  debauch.  The  connection  between 
chronic  alcoholism  and  criminality  is  frequently 
brought  about  through  the  individual's  incapac- 
ity to  satisfy  the  exigencies  of  life  on  account  of 
the  social  incapacity  caused  by  alcoholism.  Of- 
ten the  development  of  criminality  in  chronic 
alcoholics  takes  the  following  course:  The  ca- 
pacity for  work  is  diminished,  thus  reducing  the 
individual's  ability  to  earn  his  livelihood,  and 
bringing  him  to  a  lower  social  level;  soon  the 
individual  can  no  longer  supply  his  needs  by 
means  of  work;  the  temptation  to  procure  by 
criminal  acts  that  of  which  he  has  need  is  not 


ALCOHOLISM  AND  DRUG  HABITS    43 

late  in  coming,  and  when  it  does  arrive  the  indi- 
vidual succumbs  to  it,  the  moral  degeneracy 
having  already  leveled  the  road  to  crime.  In 
these  cases,  the  crimes  are  often  of  an  economic 
order,  such  as  thefts,  swindling,  forgery. 

"No  pronounced  difference  between  acute 
and  chronic  alcoholic  intoxication  exists  from 
the  point  of  view  of  the  dominant  forms  of  crim- 
inality, a  fact  which  is  not  surprising  since 
chronic  intoxications  present  themselves  often 
under  the  form  of  a  series  of  acute  intoxica- 
tions. Frequently  one  finds  also  with  chronic 
alcoholics,  brutal  crimes  such  as  assault,  mur- 
der, assassination,  attempts  to  kill.  Neverthe- 
less, that  which  is  the  chief  difference  between 
the  criminality  of  acute  intoxication  and  that  of 
(the)  chronic  one  is  that  in  the  latter,  economic 
crimes  play  a  much  greater  role  than  in  the 
former. ' ' 6 

It  is  impossible  to  measure  accurately  the  in- 
fluence of  alcohol  upon  criminality.  The  fol- 
lowing table  indicates  how  many  of  the  persons 
tried  before  the  tribunaux  correctionnels, 
namely,  the  lower  criminal  courts,  in  France  in 
1909  were  addicted  to  the  use  of  alcohol: 7 

6  O.  Kinberg,  Alcohol  and  Criminality,  in  the  Journal  of 
Criminal   Law  and   Criminology,   Vol.   V.,   No.   4,   November, 
1914,  pp.  573-574. 

7  Adapted  from  a  table  given  by  M.  Yvern&s,  L'alcooliame  et 
la  criminality  in  the  Archives  d'anthropologie  criminelle,  Vol. 
XXVII,  January,  1912,  p.  23. 


ALCOHOLISM  AND  CRIMINALITY  IN  FRANCE,  1909 


Offenses 

Disorderly  conduct 
(Rebellion  et  out- 
rages}   

Assault    and    battery 
(Coups     et      Plea- 
sures)      

Sexual    crimes    (De- 
lits       centre       les 
moeurs  

Mendicancy    

Theft    

Vagabondage     

Other  offenses  . 


No.  of 

Persons 

Tried 


16,486 


34,199 


4,937 

8,163 

38,662 

12,028 

75,224 


No. 

Addicted 
to  Alcohol 


6,927 


9,760 


837 
1,167 
5,377 
1,842 
7,508 


Total     189,699 


33,418 


Per  cent 
Addicted 
to  Alcohol 


42.0 


28.5 


16.9 
14.2 
13.9 
15.3 
9.9 

17.5 


However,  it  is  probable  that  the  moderate  use ' 
of  alcohol  by  a  large  number  of  persons  is  do- 
ing more  harm  than  the  excessive  use  of  it  by 
a  relatively  small  number  of  persons,  and  that 
the  baneful  effect  of  this  moderate  use  upon  the 
community  at  large  is  a  greater  social  evil  than 
the  pauperism  and  criminality  produced  by  the 
excessive  use.  Indeed,  it  is  highly  probable 
that  the  general  use  of  alcohol  has  acted  to  a 
small  extent  at  least  as  a  check  upon  social 
progress  by  lowering  physical  and  mental  effi- 
ciency and  thus  diminishing  the  capacity  for  in- 
tellectual achievement  in  particular.  No  other 
result  could  be  expected  from  a  widespread  and 
long  continued  poisoning  of  the  race. 


CHAPTER  V 


BY  intemperance  I  mean  the  excessive  and  in- 
jurious use  of  any  substance,  solid  or  liquid, 
which  is  ingested  by  the  human  body.  Any  food 
or  beverage  may  be  used  to  an  excessive  degree. 
As  a  matter  of  fact,  much  harm  is  caused  by  the 
intemperate  use  of  food.  But  there  is  not  the 
space  in  this  book  to  describe  all  forms  of  intem- 
perance. In  this  chapter  I  shall  discuss  the 
regulation  of  the  use  of  poisons  and  drugs,  es- 
pecially alcohol,  in  so  far  as  they  are  invasive 
in  their  effects. 

In  the  two  preceding  chapters  I  have  de- 
scribed the  evil  results  from  the  use  of  alcohol. 
I  have  shown  that  from  it  result  much  crime, 
pauperism,  and  other  grave  social  evils.  Con- 
sequently, even  though  the  use  of  alcoholic  bev- 
erages may  seem  to  be  a  purely  personal  mat- 
ter, it  is  in  reality  most  invasive  in  its  charac- 
ter, owing  to  the  vast  amount  of  injury  alco- 
holism causes  persons  who  do  not  use  alcohol. 

It  is,  however,  not  an  easy  matter  to  regulate 
the  use  of  these  beverages.  I  have  already 
described  the  powerful  forces  which  impel  men 
to  crave  alcohol.  These  forces  are  too  deeply 

45 


46 

rooted  to  be  eliminated  by  repressive  measures. 
Penal  prohibitions  against  the  use  of  alcohol 
constitute  sumptuary  legislation,  and  are  there- 
fore objectionable.  Most  of  this  legislation  has 
failed  entirely,  and  has  often  done  far  more 
harm  than  good.  So  that  it  is  essential  to  act 
with  great  caution  when  attempting  to  regulate 
the  liquor  traffic. 

PROHIBITION   OF   THE   USE   OF   ALCOHOL 

The  two  principal  methods  which  have  been 
used  in  this  country  to  regulate  the  sale  and  con- 
sumption of  alcohol  have  been  statewide  prohi- 
bition and  local  option.1  Since  the  first  pro- 
hibition law  was  enacted  in  Maine  in  1846  sev- 
eral states  have  gone  "dry"  and  then  have  be- 
come "wet"  again.  In  recent  years  many  of 
the  Southern  and  Western  states  have  enacted 
prohibition  laws,  so  that  at  the  time  of  the  pres- 
ent writing  (1917)  twenty- three  states  are 
1 1  dry. ' '  2  These  twenty-three  states  include 
about  half  of  the  area  of  continental  United 
States,  exclusive  of  Alaska,  and  over  one-third 

1  Liquor  legislation  in  this  country  has  been  described  in 
various  books,  among  which  are  the  following: — F.  H.  Wines 
and  J.  Koren,  "The  Liquor  Problem  in  Its  Legislative  Aspects," 
Boston,  1898;  C.  M.  L.  Sites,  "Centralized  Administration  of 
Liquor  Laws  in  the  American  Commonwealths,"  New  York, 
1899. 

2  These  states  are  Alabama,  Arizona,  Arkansas,  Colorado, 
Georgia,  Idaho,  Iowa,  Kansas,  Maine,  Michigan,  Mississippi, 
Montana,  Nebraska,  North  Carolina,  North  Dakota,  Oklahoma, 
Oregon,   South  Carolina,   South  Dakota,   Tennessee,   Virginia, 
Washington,  and  West  Virginia. 


REGULATION  OF  INTEMPERANCE    47 

of  the  population.  It  is  impossible  to  state  ac- 
curately how  much  of  the  remaining  area  and 
population  is  "dry"  under  the  local  option  laws. 

For  the  past  fifteen  years  the  per  capita  con- 
sumption of  alcohol  in  this  country  has  re- 
mained about  the  same,  notwithstanding  the 
fact  that  during  these  years  many  states  have 
adopted  prohibition  and  numerous  local  com- 
munities have  done  the  same  under  local  option 
laws.  It  is  rather  discouraging  that  so  much 
prohibition  legislation  has  not  yet  diminished 
greatly  the  consumption  of  alcohol.  But  most 
of  this  legislation  is  very  recent,  and  perhaps 
has  not  yet  had  enough  time  to  have  the  desired 
effect. 

A  number  of  comments  may  be  made  upon 
statewide  prohibition.  In  the  first  place,  the 
attempts  to  secure  prohibitory  legislation, 
whether  successful  or  not,  have  caused  an  enor- 
mous amount  of  trouble  in  American  politics. 
This  has  been  due  to  the  fact  that  the  liquor 
traffic  is  exceedingly  profitable.  Consequently, 
the  liquor  manufacturers  and  liquor  dealers 
have  naturally  opposed  such  legislation  with 
the  utmost  vehemence.  They  have  organized 
and  have  contributed  large  sums  for  this  pur- 
pose. Much  of  this  money  has  been  spent  in 
bribes,  hushmoney,  and  in  contributions  to  the 
funds  of  political  parties.  Thus  they  have 
done  much  to  corrupt  our  state  politics  by  their 
unscrupulous  expenditure  of  money. 


48      PERSONALITY  AND  CONDUCT 

But  an  even  greater  evil  which  has  arisen  out 
of  the  agitation  over  prohibitory  legislation  has 
been  the  extent  to  which  the  liquor  issue  has 
been  complicated  with  other  important  issues. 
Inasmuch  as  in  many  states  the  liquor  vote  has 
been  large  and  well  under  the  control  of  the 
liquor  interests,  it  has  been  possible  for  the 
liquor  representatives  to  intimidate  and  bull- 
doze those  interested  in  other  issues  to  give 
them  their  support  in  return  for  the  support  of 
the  liquor  gang.  Thus  the  liquor  interests  have 
decided  the  fate  of  many  important  measures 
not  even  remotely  connected  with  the  liquor 
question.  In  fact,  however  desirable  prohibi- 
tion may  have  been,  in  many  cases  it  has  been 
doubtful  whether  it  was  worth  the  price  which 
has  been  paid  in  the  demoralizing  effect  of  the 
liquor  agitation  upon  the  decision  of  other  pub- 
lic questions.3 

In  the  second  place,  wherever  statewide  pro- 
hibitory legislation  has  been  enacted  it  has 
never  been  possible  to  enforce  it  universally  and 
sometimes  scarcely  at  all.  As  a  general  rule, 
such  legislation  has  been  enforced  fairly  suc- 

3  "In  every  state  legislature  the  liquor  question  stands 
athwart  all  other  legislation.  Whether  a  particular  bridge 
shall  be  built  or  public  highway  constructed  is  often  deter- 
mined by  the  fact  that  the  wets  are  for  it  in  a  dry  legislature. 
The  short  ballot,  civil-service  reform,  woman  suffrage,  all  have 
lost  or  won  and  are  winning  or  losing  as  they  pick  their  friends 
between  the  wets  and  drys."  (N.  D.  Baker,  Law,  Police,  and 
Social  Problems,  in  the  Atlantic  Monthly,  Vol.  CXVI,  July, 
1915,  p.  18.) 


cessfully  in  the  rural  districts,  but  rarely  ever 
has  it  been  possible  to  enforce  it  to  any  great 
extent  in  the  urban  communities.  Invariably 
it  has  been  passed  by  the  support  of  the  rural 
voters  and  has  been  resented  and  defied  by  the 
urban  population.  Consequently,  the  law  has 
been  ignored  in  the  main  in  the  cities,4  and  has 
been  an  effective  instrument  for  corrupting  the 
police. 

The  same  objections  apply  to  a  smaller  ex- 
tent to  local  option.  In  local  option  the  prohibi- 
tion of  the  liquor  traffic  is  determined  upon  by 
the  local  community,  such  as  the  county,  the 
township,  the  city,  or  a  sub-division  of  a  city. 
Inasmuch  as  the  issue  involved  is  much  smaller 
in  a  local  option  election,  the  liquor  interests  do 
not  usually  expend  as  much  money  or  put  up 
as  strong  a  fight  to  prevent  prohibition.  Con- 
sequently, local  option  legislation  does  not  usu- 
ally demoralize  politics  as  much  as  statewide 
prohibition. 

Inasmuch  as  public  sentiment  is  almost  in- 
variably in  favor  of  the  enforcement  of  a  local 
option  law,  it  is  usually  enforced  fairly  well, 
and  there  is  not  as  much  opportunity  for  the 
corrupting  of  the  police  and  other  local  au- 
thorities. In  this  respect  local  option  is  ordi- 
narily much  preferable  to  statewide  prohibition. 

4  During  the  last  few  years  the  present  writer  has  wit- 
nessed the  public  sale  of  alcoholic  liquors  in  cities  of  several 
of  the  prohibition  states.  Among  these  states  were  Maine, 
Georgia,  and  Tennessee. 


50      PERSONALITY  AND  CONDUCT 

However,  in  the  case  of  both  statewide  pro- 
hibition and  local  option  it  is  usually  possible 
for  the  consumers  to  import  liquor,  and  thus  to 
nullify  the  law  to  a  large  extent.  This  is  more 
feasible  in  the  case  of  local  option  because  a 
"wet"  territory  is  almost  invariably  near  at 
hand.  In  fact,  it  sometimes  happens  that  a 
consumer  of  alcohol  in  a  "dry"  region  is 
tempted  to  drink  more  than  if  he  was  residing 
in  a  "wet"  region,  because  he  is  forced  to  keep 
a  large  supply  on  hand  in  his  own  house.  A 
few  states  are  trying  to  prevent  the  importation 
of  liquor  by  means  of  prohibitory  legislation. 
The  Federal  Government  has  tried  to  help  these 
states  by  a  so-called  "bone  dry"  law.  But  this 
requires  an  odious  inquisition  over  the  baggage 
of  interstate  travelers,  and  it  is  therefore  diffi- 
cult to  enforce  such  laws. 

A  third  possibility  in  the  way  of  prohibitory 
legislation,  which  has  not  yet  been  tried  in  this 
country,  is  national  prohibition.  It  is  difficult 
to  predict  what  would  be  the  outcome  of  such 
legislation.  If  a  Federal  law  was  enacted  for- 
bidding the  manufacture  and  sale  of  alcoholic 
beverages  in  this  country,  and  also  forbidding 
their  importation  from  other  countries,  it  would 
probably  not  be  so  easy  to  secure  these  bever- 
ages as  it  is  now  in  the  states  and  local  commu- 
nities in  which  prohibition  prevails.5  But  it  is 

5  Since  the  above  was  written  Congress,  in  December,  1917, 
proposed  to  the  States  an  amendment  to  the  Federal  Consti- 


EEGULATION  OF  INTEMPERANCE    51 

impossible  to  foretell  how  successfully  the  Fed- 
eral government  could  enforce  such  a  law  in 
many  cities  and  other  communities  in  which 
there  is  still  a  strong  sentiment  in  favor  of  the 
liquor  traffic.  Since  the  beginning  of  the  Eu- 
ropean War,  national  prohibition  has  been 
adopted  in  Russia  and  in  a  partial  form  in  some 
other  countries.  But  it  is  still  too  early  to  as- 
certain how  successful  this  prohibition  is  des- 
tined to  be. 

As  I  have  already  stated,  twenty-three  of  the 
states  comprising  about  half  of  the  area  of  this 
country  and  including  over  one-third  of  the  pop- 
ulation have  statewide  prohibition.  A  consid- 
erable portion  of  the  remainder  of  the  country 
has  prohibition  under  the  local  option  laws.  In 
the  "wet"  territory  the  liquor  traffic  is  par- 
tially restrained  in  one  way  or  another  by  the 
law.  Unfortunately,  however,  the  consumption 
of  liquor  goes  on  apace,  in  spite  of  all  this  pro- 
hibitory and  restrictive  legislation. 

OTHER   METHODS   OF   BEGULATING  ALCOHOLISM 

In  a  few  states  has  been  tried  the  so-called 
"dispensary"  system.  Under  this  system  the 
retail  trade  in  liquor  is  conducted  through  dis- 
pensaries managed  by  the  state  or  local  gov- 

tution  prohibiting  the  liquor  traffic  in  this  country.  If  this 
amendment  is  ratified  by  three-fourths  of  the  States  within 
seven  years,  it  will  become  a  part  of  the  Constitution. 


52      PERSONALITY  AND  CONDUCT 

eminent.6  It  was  tried  first  in  South  Caro- 
lina, and  later  in  Georgia,  Alabama,  North  Car- 
olina, and  South  Dakota.  All  of  these  now  are 
prohibition  states,  which  fact  suggests  that  the 
dispensary  system  is  an  easy  stepping  stone  to 
statewide  prohibition.  The  object  of  the  sys- 
tem is  presumably  to  discourage  the  use  of  li- 
quor. But  when  the  revenue  from  the  liquor 
traffic  is  applied  to  lower  the  taxation  rates,  it 
is  the  tendency  of  the  government  to  encourage 
as  much  as  possible  the  sale  of  liquor.  If  this 
revenue  could  be  expended  in  providing  coun- 
ter-attractions to  the  saloon,  the  dispensary 
system  would  be  more  effective  as  a  check  upon 
the  consumption  of  liquor. 

The  state  monopoly  of  the  liquor  traffic  has 
been  tried  in  several  European  countries.6  In 
Russia  previous  to  prohibition  there  existed 
the  governmental  vodka  monopoly.  In  Sweden 
and  Norway  the  sale  of  spirits  is  under  the  con- 
trol of  the  local  communes  which  may  form  com- 
panies (samlags)  for  this  purpose,  if  they  so 
desire.  This  system,  which  was  first  tried  at 
Gothenburg,  has  reduced  greatly  the  consump- 
tion of  spirits.  It  does  not  control  the  sale  of 
beer  and  wine. 

Over  practically  all  of  the  * '  wet ' '  territory  in 
this  country  prevails  the  high  license  system. 

8  See  J.  Rowntree  and  A.  Sherwell,  "The  Temperance  Problem 
and  Social  Reform,"  7'th  edit.,  New  York,  1900;  J.  Koren, 
"Alcohol  and  Society,"  New  York,  1916. 


EEGULATION  OF  INTEMPERANCE    53 

Under  this  system  the  liquor  dealers  are  re- 
quired to  pay  large  sums  for  the  privilege  of 
selling  liquor.  This  provides  a  large  revenue 
for  the  federal,  state,  or  local  government.  It 
acts  as  a  check  upon  the  dealer,  since  he  may  be 
deprived  of  his  license  if  he  violates  the  law. 
Furthermore,  the  holders  of  the  licenses  are 
usually  anxious  to  aid  the  officers  of  the  law  in 
suppressing  illicit  selling  of  liquor. 

The  liquor  traffic  is  also  restricted  by  night 
and  Sunday  closing  laws.  In  many  communi- 
ties it  is  impossible  to  enforce  these  laws,  es- 
pecially the  Sunday  closing,  because  of  the  pop- 
ular sentiment  against  them.  In  many  cities 
there  is  a  large  population  of  European  birth 
which  favors  the  Continental  Sunday  with  op- 
portunities for  recreation  in  drinking  places 
and  elsewhere.7  Fortunately  for  this  country 
this  element  in  the  population  does  not  sympa- 
thize with  the  Puritanical  New  England  Sunday 
which  destroys  the  joy  of  living  for  one  day  of 
the  week.  Unfortunately  this  Puritanical  in- 

7  For  example,  at  the  time  of  the  present  writing  (1917)  in 
New  York  City  many  of  the  saloons  are  open  on  Sunday  in 
defiance  of  the  law.  To  be  sure,  the  decorum  of  this  so-called 
"holy"  day  is  appropriately  observed  by  closing  the  front  door 
and  excluding  customers  from  the  bar,  so  that  the  sale  of  liquor 
cannot  be  seen  from  the  outside.  But  in  the  back  room  may 
gather  all  who  wish  to  indulge.  And  yet  the  police  and  other 
municipal  authorities  of  New  York  City  can  hardly  be  blamed 
for  this  wholesale  violation  of  the  law.  It  would  probably 
take  more  than  the  whole  police  force  to  keep  the  saloons 
continuously  closed  on  that  day,  while  the  police  have  other 
important  duties  to  perform. 


54     PERSONALITY  AND  CONDUCT 

fluence  still  prohibits  on  Sunday  many  kinds 
of  recreation  which  are  beneficial  as  well  as 
some  that  are  harmful.  The  situation  thus  cre- 
ated leads  to  widespread  violation  of  the  law 
and  corruption  of  the  police. 

Legal  regulation  of  drinking  by  minors  and 
of  excessive  drinking  exists  over  most  if  not  all 
of  the  "wet"  territory.  The  prohibition  of  the 
sale  of  liquor  to  minors  doubtless  is  an  excellent 
regulation,  and  should  be  enforced  as  strin- 
gently as  possible.  The  law  against  excessive 
drinking  is  very  drastic  in  some  places,  as,  for 
example,  in  Massachusetts  where  drunkenness 
itself  is  a  crime.  Such  a  law  is  absolutely  in- 
excusable because  it  is  an  invasion  of  individ- 
ual rights  and  because  it  stigmatizes  relatively 
inoffensive  persons  as  criminals.  Many  such 
persons  have  been  degraded  and  have  become 
criminals  largely  as  a  result  of  being  sent  to 
prison  for  drunkenness.8  But  in  most  places 
only  public  intoxication  and  the  disorderly  con- 
duct and  vagrancy  resulting  from  it  are  crim- 
inal. 

Inebriety  doubtless  requires  a  good  deal  of 
legal  restraint,  but  this  should  not  be  penal  in 
its  character.  Rarely  ever  is  it  possible  to 
cure  an  inebriate  by  means  of  incarceration  in 
a  prison  or  by  fining.  What  is  usually  needed 

*  See  my  "Inebriety  in  Boston,"  New  York,  1909,  for  a  de- 
scription of  these  conditions  in  the  largest  city  in  Massa- 
chusetts. 


EEGULATION  OF  INTEMPERANCE    55 

is  sequestration  in  an  asylum  or  hospital  for 
inebriates,  or  in  an  industrial  or  farm  colony. 
By  this  means  the  habit  can  be  cured  in  most 
cases.  Where  there  is  a  physiological  diathesis 
towards  alcoholism,  permanent  sequestration 
in  an  asylum  may  be  necessary  if  the  patient 
is  a  menace  to  the  welfare  of  others.  I  have 
outlined  a  scientific  scheme  of  treatment  for 
inebriates  in  another  work.9 

It  is  difficult  indeed  to  decide  which  is  the 
wisest  method  of  curbing  the  liquor  evil.  At 
present  the  methods  in  use  are  in  a  state  of  flux 
and  constant  change.  So  long  as  the  condi- 
tions of  modern  life  stimulate  a  strong  desire 
for  alcohol  it  is  doubtful  if  it  will  be  possible  to 
abolish  it  entirely.  The  nervous  strain  of  eco- 
nomic uncertainty,  overwork,  poverty,  many 
kinds  of  disease,  and  various  other  forms  of 
needless  misery  are  sure  to  give  rise  to  the  crav- 
ing for  stimulants  such  as  alcohol.  Conse- 
quently, the  absolute  prohibition  of  the  use  of 
alcohol  all  at  once  would  doubtless  lead  to  a 
good  deal  of  illicit  distillation  and  to  the  sub- 
stitution for  it  of  more  deleterious  substances. 

It  is  therefore  probably  wiser  not  to  adopt 
drastic  prohibitory  measures,  but  to  strive 
mainly  to  remove  the  causes  of  alcoholism. 
There  is  all  the  more  reason  to  hope  that  grad- 
ual measures  will  be  effective  in  the  long  run 
because  certain  preventive  factors  are  having 

9  See  my  "Inebriety  in  Boston." 


56      PERSONALITY  AND  CONDUCT 

more  and  more  influence.  In  the  industrial 
world  it  is  coming  to  be  recognized  that  the  use 
of  alcohol  is  not  compatible  with  efficiency. 
Healthful  recreations  are  taking  the  place  of 
alcoholic  indulgence.  Thus  the  saloon,  which 
has  been  to  a  large  extent  a  poor  man's  club,  is 
rapidly  losing  its  baneful  influence.  So  that 
the  liquor  evil  will  in  course  of  time  die  a  nat- 
ural death. 

THE   SUPPRESSION    OF  DRUG   HABITS 

The  habitual  use  of  narcotic  and  hypnotic 
drugs  is  so  much  more  baneful  to  the  individ- 
ual than  alcoholism  that  it  should  be  repressed 
with  much  more  drastic  measures.  The  sale  of 
these  drugs  should  be  permitted  only  upon  the 
written  order  of  a  physician,  dentist,  veterina- 
rian, or  other  duly  authorized  person  of  scien- 
tific training.  Any  unlawful  sale  should  be  se- 
verely punished.  The  manufacture  and  impor- 
tation of  these  drugs  should  be  carefully  su- 
pervized  by  the  government  in  order  to  forestall 
as  far  as  possible  their  illicit  sale. 

But  the  unfortunate  victims  of  these  poison- 
ous drugs  should  not  be  punished  by  the  penal 
law.  Imprisonment  will  not  ordinarily  cure 
them  of  these  insidious  habits  and  is  almost  cer- 
tain to  injure  them  in  other  ways.  Where,  how- 
ever, there  is  little  hope  of  curing  them  other- 
wise and  they  are  a  menace  to  others,  they 
should  be  sequestered  in  hospitals  and  asylums 


REGULATION  OF  INTEMPEEANCE    57 

where  they  will  receive  scientific  care  and  treat- 
ment. Furthermore,  every  effort  should  be  di- 
rected towards  preventing  the  overwork,  dis- 
eases, nervous  strain,  and  misery  of  all  sorts 
which  give  rise  to  these  baneful  habits. 


CHAPTER  VI 

THE   TYPES   OF   GAMBLING 

MANKIND  possesses  a  deeprooted  tendency  to 
take  risks  which  manifests  itself  in  the  spirit 
of  adventure  and  is  strengthened  by  the  desire 
to  gain  something.  This  human  tendency  has 
been  of  great  social  value,  because  it  has  led  the 
way  to  a  vast  amount  of  human  achievement. 
Without  the  impulse  to  venture  many  enter- 
prizes  would  not  have  been  undertaken  which 
have  produced  much  wealth  for  mankind. 

On  the  other  hand,  this  tendency  has  caused  a 
certain  amount  of  loss.  Many  enterprizes  have 
been  undertaken  which  have  proved  to  be  un- 
productive. Furthermore,  the  venturesome  im- 
pulse has  often  induced  individuals  to  attempt 
to  gain  something  when  there  was  no  possibil- 
ity of  producing  anything.  In  other  words,  a 
chance  has  been  taken  on  winning  something 
from  another  person  where  the  loser  will  lose 
as  much  as  the  winner  will  gain.  Gambling 
consists  in  taking  the  risk  of  winning  from  or 
losing  to  another  person  without  creating  any- 
thing of  human  and  social  value.1 

1  Hobson  has  defined  gambling  as  follows: — "Gambling  is 
the  determination  of  the  ownership  of  property  by  appeal  to 

58 


THE  TYPES  OF  GAMBLING         59 


THE   FORMS   OF   GAMBLING 

The  purest  form  of  gambling  is  where  no  skill 
whatsoever  is  involved  but  the  outcome  of  the 
wager  depends  entirely  upon  chance,  as  in  the 
tossing  of  a  coin.  In  other  forms  of  gambling 
more  or  less  skill  is  involved,  as  in  some  games 
of  cards ;  in  betting  upon  the  result  of  an  ath- 
letic event  or  an  election,  where  knowledge, 
foresight,  and  judgment  may  influence  favor- 
ably the  outcome  of  the  betting;  etc.  When 
skill  becomes  the  predominating  factor  in  de- 
termining the  outcome,  the  aleatory  element  dis- 
appears almost  entirely. 

Evidences  of  gambling  can  be  found  as  far  ; 
back  as  historical  records  extend,  as,  for  exam- 
ple, in  ancient  Egypt,  Greece,  and  Rome,  among 
the  Hebrews,  etc.2    Furthermore,  this  custom 
has  been  found  among  practically  every  primi- 

chance."  (J.  A.  Hobson,  The  Ethics  of  Gambling,  in  "Betting 
and  Gambling,"  edited  by  B.  S.  Rowntree,  London,  1905,  p.  1.) 
In  this  definition  the  unproductiveness  of  gambling  is  not 
specifically  stated,  though  it  is  doubtless  meant  to  imply  it. 

A  legal  definition  of  gambling  is  furnished  in  the  following 
words: — "There  are  two  essential  characteristics  of  a  wagering 
contract:  first,  an  unascertained  event;  secondly,  the  parties 
to  the  contract  must  stand  respectively  either  to  gain  or  lose, 
according  as  the  uncertainty  shall  be  determined  in  the  one  way 
or  in  the  other."  (W.  Coldridge  and  W.  F.  Swords,  "The  Law 
of  Gambling,  Civil  and  Criminal,"  2nd  edit.,  London,  1913,  p. 
1.) 

2  Many  treatises  furnish  accounts  of  gambling  in  the  past. 
The  following  are  specially  devoted  to  the  history  of  gambling: 
—A.  Steinmctz,  "The  Gaming  Table,"  2  vola.,  London,  1870; 
J.  Ashton,  "The  History  of  Gambling  in  England,"  London, 
1898. 


60      PERSONALITY  AND  CONDUCT 

tive  people  which  has  been  observed.  It  is 
probable  that  it  originated  soon  after  the  evolu- 
tion of  language  facilitated  mental  intercourse 
and  the  exchange  of  ideas  between  human  be- 
ings. It  has  been  and  is  widespread  among  the 
civilized  peoples  of  Europe  and  America. 

It  would  be  utterly  impossible  to  enumerate 
all  the  different  kinds  of  gambling.  Wagers 
have  doubtless  been  laid  with  respect  to  nearly 
every  conceivable  contingency  in  human  life. 
They  are  common  with  regard  to  the  weather; 
the  outcome  of  military,  political,  and  economic 
events ;  all  kinds  of  games  and  sporting  events ; 
as  a  result  of  many  contrivances  which  are  de- 
vized for  the  special  purpose  of  encouraging 
gambling,  such  as  lotteries,  wheels,  slot  ma- 
chines, dice  games,  etc. 

The  forms  of  gambling  may  be  classified  in 
at  least  two  different  ways.  The  first  classi- 
fication is  of  gambling  in  leisure  time  recrea- 
tional activities,  and  gambling  in  business  af- 
fairs. Leisure  time  gambling  takes  place  in 
connection  with  cards  and  other  indoor  games, 
racing  and  other  outdoor  sports,  elections  and 
other  events,  etc.  Business  gambling  is  in  the 
form  of  speculating  in  securities  and  produce 
in  stock  and  produce  exchanges  and  elsewhere, 
and  sometimes  in  insurance  and  certain  other 
lines  of  business.  Psychologically  the  distinc- 
tion between  leisure  time  and  business  gambling 
is  not  absolute  and  they  frequently  shade  into 


THE  TYPES  OF  GAMBLING         61 

each  other.  Many  persons  taking  part  in  leis- 
ure time  gambling  are  impelled  largely  by  the 
economic  desire  to  gain  which  predominates  in 
business  gambling.  Some  persons  wander  into 
business  gambling  in  search  of  recreation. 

The  second  classification  is  of  amateur  gam- 
bling, and  professional,  commercialized  gam- 
bling. Amateur  gambling  includes  all  of  the 
gambling  of  those  who  do  not  make  a  profes- 
sion of  gambling,  whether  it  be  in  leisure  time 
or  in  business  gambling.  It  includes  most  of 
the  leisure  time  gambling  in  card  games,  such 
games  as  " pitch  and  toss,"  gambling  in  connec- 
tion with  sporting  events,  much  of  the  betting 
on  elections,  etc.  Under  this  head  also  may  be 
included  "raffles"  conducted  by  churches,  phil- 
anthropic societies  and  other  organizations, 
even  though  these  lotteries  are  so  devized  that 
they  are  certain  to  make  money  for  the  organi- 
zation. But  most  of  the  gambling  which  they 
encourage  among  their  adherents  may  be  ac- 
curately described  as  amateur  in  its  character. 
Under  amateur  gambling  may  also  be  included 
the  gambling  of  the  persons  who  stray  into  the 
stock  and  produce  markets,  and  there  usually 
become  the  "lambs"  to  be  shorn  by  the  profes- 
sional, business  gamblers. 

PROFESSIONAL   GAMBLING 

Professional,  commercialized  gambling  in- 
cludes all  of  the  gambling  of  those  who  make  a 


62      PERSONALITY  AND  CONDUCT 

profession  of  gambling  and  engage  in  it  solely 
for  purposes  of  gain.  Some  of  their  gambling 
is  in  connection  with  the  leisure  time  gambling 
of  amateurs,  and  the  rest  of  it  is  in  business 
affairs.  Among  the  professional  gamblers  are 
the  card  sharps;  the  owners  and  managers  of 
gambling  casinos;  the  operators  of  gambling 
machines,  such  as  roulette  wheels,  wheels  of 
fortune,  slot  machines,  etc. ;  the  bookmakers  and 
touts  who  organize  the  betting  at  horse  races ; 
the  managers  of  racing  pool  rooms ;  the  organ- 
izers of  dice  games,  lotteries,  etc. ;  many  of  the 
persons  placing  election  bets  on  the  "curb"; 
many  of  the  speculators  in  the  stock  and  prod- 
uce markets ;  etc. 

Much  of  the  professional  gambling  is  carried 
on  with  a  certainty  or  almost  a  certainty  of 
gaining  something.  To  this  extent  it  is  not 
genuine  gambling  for  the  professional,  but  is  so 
only  for  the  amateur  gambler  whom  he  is  fleec- 
ing. The  only  aleatory  element  which  remains 
for  the  professional  is  with  respect  to  the 
amount  which  he  will  succeed  in  securing  from 
his  victim. 

This  so-called  gambling  of  the  professional  is 
usually  regarded  as  honest  if  the  amateur  is 
aware  before  he  enters  the  game  that  the  profes- 
sional who  has  organized  it  is  sure  to  win,  and 
yet  is  willing  to  participate  in  it  to  enjoy  the 
excitement  of  the  game  and  in  the  hope  of  win- 
ning from  his  fellow  amateur  gamblers.  This 


THE  TYPES  OF  GAMBLING         63 

is  the  situation  in  the  well  managed  gambling 
casinos  where  it  is  universally  known  that  the 
bank  is  sure  to  win  in  the  long  run,  and  fre- 
quently at  a  pre-determined  fixed  rate.3  Thus 
the  professional  becomes,  in  effect,  the  organ- 
izer of  a  gambling  game  to  meet  the  widespread 
demand  for  gambling  facilities. 

But  most  of  the  so-called  gambling  of  pro- 
fessionals is  not  ''honest,"  in  the  conventional 
sense,  because  the  amateur  does  not  know  that 
the  professional  is  playing  a  "sure  thing." 
Thus  card  sharps  lie  in  wait  in  hotels,  on  trans- 
atlantic liners,  and  in  other  public  places,  and 
hoodwink  their  victims  by  passing  themselves 
off  as  amateurs  interested  only  in  a  "friendly" 
game.  Operators  of  gambling  machines  "fix" 

s  It  is  said  that  at  the  casino  in  Monte  Carlo  each  of  the 
eight  gambling  tables  averages  a  daily  profit  of  about  $2500. 
(B.  S.  Rowntree,  "Betting  and  Gambling,"  London,  1905,  p. 
181.) 

The  following  quotation  gives  further  details  regarding  the 
profits  of  the  Monte  Carlo  casino: — "We  have  seen  that  in  a 
year  it  has  won  £1,620,000  more  than  it  has  lost,  but  it  loses 
sometimes.  To  lose  £4,000  in  a  day  is  quite  a  common  experi- 
ence. The  highest  loss  the  bank — that  is,  the  casino — has 
ever  experienced  in  one  day  is,  in  round  figures,  £16,000.  But 
it  is  on  record  that  in  the  course  of  two  or  three  especially 
unlucky  days  the  casino  lost  £32,000.  On  the  other  hand,  the 
zero  helping,  the  bank  usually  wins,  and  when  especially  for- 
tunate its  winnings  are  larger  than  those  of  the  public.  While 
the  highest  record  credits  the  public  with  having  won  in  a 
single  day  £16,000,  there  exists  in  the  history  of  the  casino 
the  record  of  a  day  when  it  is  credited  in  the  Government 
accounts  with  having  won  £36,000.  That  is  the  largest  profit 
realised  in  one  day  since  the  casino  has  been  in  existence." 
(A.  Smith,  "Monaco  and  Monte  Carlo,"  London,  1912,  pp. 
343-344.) 


64:      PERSONALITY  AND  CONDUCT 

them  so  that  the  player  can  rarely  if  ever  win 
anything.  Bookmakers  circulate  false  infor- 
mation before  races.  "Wire  tapping"  pool 
rooms  are  organized  to  which  false  informa- 
tion is  sent.  The  promoters  of  dice  games  load 
the  dice.  All  kinds  of  confidence  games  are  car- 
ried on  under  the  guise  of  gambling. 

In  the  stock  and  produce  markets  false  infor- 
mation is  spread  to  stimulate  the  buying  or  sell- 
ing of  certain  securities  or  commodities.  Ad- 
vance information  with  regard  to  the  declara- 
tion of  dividends  is  furnished  to  certain  bro- 
kers. "Wash  sales"  in  which  the  same  secur- 
ity or  commodity  is  both  bought  and  sold 
through  different  brokers  by  the  same  individ- 
ual are  carried  on  for  the  purpose  of  deceiving 
the  public  and  stimulating  active  dealing  in  the 
stock  or  commodity. 

It  is  obvious  that  all  of  these  methods  and 
many  others  which  might  be  mentioned  are 
fraudulent  and  deceitful  in  their  character. 
The  professionals  who  use  them  are  cheats 
and  thieves,  frequently  more  contemptible  in 
their  nature  than  ordinary  thieves,  because  of 
the  underhanded  methods  used  by  them.  This 
is  so-called  " dishonest"  professional  gambling, 
which  is  not  genuine  gambling,  but  fraud  and 
cheating.  The  great  majority  of  professional 
gamblers  are  in  reality  criminals  who  are 
preying  upon  society  by  taking  advantage  of 
certain  human  weaknesses. 


THE  TYPES  OP  GAMBLING         65 

GAMBLING   IN   THE   UNITED   STATES 

The  forces  for  gambling  in  the  United  States 
have  been  very  strong.  This  is  doubtless  due 
in  part  to  the  fact  that  the  population  is  made 
up  largely  of  a  pioneer  stock  possessing  much 
of  the  spirit  of  adventure.  Furthermore,  the 
new  conditions  and  the  vast  array  of  natural 
resources  upon  this  continent  have  offered  in- 
numerable opportunities  for  risking  one's  for- 
tune. The  result  has  been  an  excitable  and 
eager  people  ready  to  risk  almost  anything  in 
an  undertaking  in  the  hope  of  gain. 

But  leisure  time  gambling  also  has  been  very 
prevalent  in  this  country.  In  the  early  days  of 
our  national  history  lotteries  were  numerous, 
frequently  being  held  to  aid  in  the  construction 
of  public  buildings,  churches,  etc.4  A  big  lot- 
tery persisted  for  many  years  in  Louisiana  and 

*  McMaster,  writing  of  this  time,  says  that  "it  was  with 
the  money  collected  from  the  sale  of  lottery-tickets  that  Massa- 
chusetts encouraged  cotton-spinning  and  paid  the  salaries  of 
many  of  her  officers:  that  the  City  Hall  was  enlarged  at  New 
York,  that  the  Court- House  was  rebuilt  at  Elizabeth,  that  the 
library  was  increased  at  Harvard,  that  many  of  the  most  pre- 
tentious buildings  were  put  up  at  the  Federal  city."  (J.  B. 
McMaster,  "A  History  of  the  People  of  the  United  States," 
New  York,  1886,  Vol.  I,  p.  588.) 

McMaster  collected  at  random  from  a  few  of  the  newspapers 
for  the  year  1789-1790  a  list  of  lotteries  and  their  purposes,  of 
which  the  following  are  a  few  samples: — Windsor  County 
Grammar  School  Lottery,  Vermont;  Leicester  Academy  Lot- 
tery, Massachusetts;  Providence  Great  Bridge  Lottery,  Rhode 
Island ;  Petersburg  Church  Lottery,  Virginia ;  Alexandria  Pres- 
byterian Church  Lottery,  Virginia;  Hebrew  Lottery  to  remove 
debt  on  synagogue,  Pennsylvania.  (Op.  tit.,  pp.  588-589.) 


66      PERSONALITY  AND  CONDUCT 

was  patronized  from  all  parts  of  this  country. 
Gambling  has  been  widespread  among  the 
miners  and  lumbermen  in  the  West.  There 
have  been  many  well  known  gambling  resorts. 
Until  comparatively  recently  Saratoga  was  no- 
torious the  world  over.  Horse  racing  and  pu- 
gilism have  stimulated  a  large  amount  of  gam- 
bling. The  popularity  of  poker  in  this  country 
is  an  indication  of  the  strength  of  the  gambling 
spirit,  while  in  recent  years  bridge  has  rivaled 
poker  in  popularity,  especially  among  the 
women.  Lotteries  are  frequently  held  by 
churches  and  philanthropic  organizations  under 
the  euphemistic  title  of  "raffles."  When  re- 
ligious and  conventional  moral  scruples  inter- 
fere with  the  use  of  money  in  gambling  at  cards 
or  in  lotteries,  "prizes"  are  given  which  have 
been  purchased  with  the  money.  Elections  and 
athletic  events  have  stimulated  an  enormous 
amount  of  gambling  in  this  country.5 

Professional  gambling  also  has  been  rampant 
in  this  country.  Much  of  it  has  been  of  the 
most  fraudulent  type.  Confidence  men,  card 
sharps,  bunco  steerers,  and  tricksters  of  all 
kinds  have  found  many  gullible  victims  for  their 
vile  traps.  Unfortunately  they  have  been  aided 

B  It  was  estimated  in  the  current  newspapers  that  from  six 
to  eight  millions  of  dollars  were  wagered  on  the  presidential 
election  of  1916  in  New  York  City  alone.  It  was  reported 
that  one  man  risked  half  a  million  dollars  on  the  outcome  of  the 
election,  and  another  man  two  hundred  thousand  dollars.  It 
is,  of  course,  impossible  to  estimate  even  roughly  the  total 
amount  of  betting  on  the  election  throughout  the  country. 


THE  TYPES  OF  GAMBLING        67 

and  abetted  by  the  fact  that  smart  trickery, 
when  successful,  has  been  accorded  a  sort  of 
esteem  by  a  portion  of  the  American  public. 

GAMBLING  IN   EUROPE 

If  we  turn  to  a  comparison  of  gambling  in 
the  United  States  and  in  Europe,  certain  differ- 
ences may  be  noted.  In  all  probability  there  is 
less  business  gambling  in  Europe  than  in  this 
country.  At  any  rate,  the  Europeans  fre- 
quently accuse  the  Americans  of  being  greater 
business  gamblers.9  This  difference  is  to  be 
expected  in  view  of  the  differences  in  economic 
conditions.  The  economic  institutions  of  Eu- 
rope are  much  older  and  probably  more  stable 
than  those  in  this  country.  The  European  nat- 
ural resources  were  exploited  long  before  those 
of  this  continent,  and  there  is  much  less  oppor- 
tunity for  business  enterprize  there  than  here. 

•  "The  American  people  are  regarded  by  foreigners  as  the 
greatest  of  all  speculators.  The  opportunities  for  great  accu- 
mulation of  wealth,  the  boldness  which  characterizes  the  ven- 
tures of  the  leaders  in  the  business  world,  and  the  brilliant 
success  with  which  their  undertakings  are  often  carried  out, 
have  excited,  if  not  the  admiration,  at  least  the  wonder  of  all 
observers.  Especially  has  attention  been  widely  called  to  the 
more  distinctive  speculative  operations  of  the  stock  and  produce 
markets.  Speculation  proper,  as  well  as  the  speculative  spirit 
of  vast  industrial  enterprise,  has  had  its  most  striking  de- 
velopment perhaps  in  the  United  States.  The  greatest  specu- 
lation in  produce  which  the  world  has  ever  seen  has  grown 
up  recently  in  Chicago,  while  a  speculative  market  of  almost 
unequaled  magnitude  is  found  in  the  Stock  Exchange  of  New 
York."  (H.  C.  Emery,  "Speculation  on  the  Stock  and  Produce 
Exchanges  of  the  United  States,"  New  York,  1896,  p.  7.) 


68      PERSONALITY  AND  CONDUCT 

Economic  status  is  much  more  rigid  there  than 
here.  The  law  probably  regulates  business 
gambling  more  effectively  in  Europe  than  in 
this  country.  All  of  these  differences  would 
naturally  tend  to  increase  the  opportunities  for 
business  gambling  in  this  country  over  those  in 
Europe. 

It  is  more  difficult  to  compare  the  extent  of 
leisure  time  gambling  on  the  two  continents.  It 
is  believed  by  many  Americans  that  ther&  is 
much  more  of  this  type  of  gambling  in  Europe 
than  here.  This  belief  probably  arises  out  of 
the  fact  that  gambling  is  officially  recognized 
in  many  of  the  European  countries  and  that 
some  of  their  governments  derive  profits  from 
the  gambling.  For  example,  in  France  the  gov- 
ernment requires  that  all  the  betting  at  the  race 
courses  be  carried  on  through  the  Pari  Mutuel. 
This  is  a  gambling  syndicate  which  is  forced  to 
share  its  profits  with  the  Assistance  Publique, 
namely,  the  public  charities.  In  Italy  a  lottery 
is  conducted  by  the  government.  In  the  prin- 
cipality of  Monaco  all  of  the  expenses  of  the 
government  are  borne  by  the  gambling  casino 
at  Monte  Carlo. 

The  official  recognition  and  exploitation  of 
gambling  in  Europe  has  led  many  Americans  to 
believe  that  European  governments  are  not  so 
alive  to  the  evils  of  gambling  as  our  own  gov- 
ernment, and  that,  therefore,  Europeans  are 
more  addicted  to  leisure  time  gambling  than 


THE  TYPES  OF  GAMBLING         69 

Americans.  As  a  matter  of  fact,  this  belief 
does  injustice  to  these  governments.  Most  of 
them  have  tried  to  suppress  gambling  in  the 
past  and  have  found  it  impossible.  They  have 
therefore  adopted  the  policy  of  regulating  gam- 
bling in  order  to  eliminate  fraud  and  cheating, 
and  have  devoted  some  of  the  revenue  derived 
from  it  to  public  uses. 


CHAPTER  VII 

THE   GAMBLING   IMPULSE   AND   REGULATION   OF 
ITS  EVILS 

THE  gambling  impulse  is  a  complex  psycho- 
logical phenomenon.  The  principal  mental  fac- 
tor underlying  gambling  doubtless  is  a  belief, 
or,  to  say  the  least,  a  faith,  in  luck.  But  this 
does  not  seem  to  be  a  belief  in  mere  chance.  If 
it  were,  it  would  soon  lead  to  a  recognition  of 
the  mathematical  law  of  probability,  and  this 
would  discourage  the  gambler  from  gambling. 
It  would  be  evident  that  in  the  long  run  the 
gains  and  the  losses  from  gambling  in  general 
equalize,  so  that  gambling  is  a  profitless  under- 
taking. 

THE   ANIMISTIC   BASIS   OF   GAMBLING 

It  is,  on  the  contrary,  an  anthropomorphic 
belief  in  luck,  namely,  a  belief  in  a  personified 
luck  which  will  some  time  or  other  bring  for- 
tune to  the  gambler.  So  that  the  faith  of  the 
gambler  is  another  aspect  of  the  animistic  and 
anthropomorphic  tendency  of  the  human  mind 
which  displays  itself  also  in  magic  and  reli- 
gion.1 Indeed,  religion  itself  is  sometimes  de- 

i  One  writer  on  the  psychology  of  gambling  has  described  the 
gambler's  faith  in  luck  in  the  following  words:  — 

"It  la  not  blind  chance  which  now  decides,  but  there  is  a 
70 


71 

fined  as  a  belief  in  luck.  Furthermore,  many  of 
the  gambling  implements  of  primitive  men  have 
had  their  origin  in  methods  of  divination,  and 
some  of  them  are  still  used  for  both  purposes.2 
For  example,  playing  cards  are  used  to  fore- 
tell the  future  even  in  civilized  countries. 
In  view  of  the  animistic  and  anthropomorphic 

willing  power.  Lawlessness  is  put  aside  for  fate,  law  or  will. 
This  is  the  very  meaning  of  luck,  the  substitution  of  a  con- 
scious, determining  force  or  will,  for  an  indeterminable,  precari- 
ous, headless  chance, — law  in  place  of  lawlessness.  The  con- 
test now  becomes  one  between  the  players,  each  man's  luck, 
against  each  other  man's.  It  is  not  now  a  question  of  blind 
chance,  but  this — do  you  or  I  stand  better  with  the  deciding 
power,  who  wills?  This,  says  Brinton,  is  the  one  feature 
underlying  all  religions — viz.,  that  the  great  force  of  the  world 
is  a  personal  will.  This  also  is  the  feature  which  lies  deepest 
in  the  gambler's  consciousness.  The  attraction  toward  this 
dark,  inscrutable  power,  plus  a  personal  interest,  is  the  back- 
ground motive.  One  hopes  by  gripping  the  very  ground  of 
things  to  obtain  the  conviction  of  certitude.  It  so  fascinates, 
one  is  impelled  to  experiment  with  it,  test  its  relation  to  his 
own  personality.  It  is  a  semi-unconscious  desire  —  one  ven- 
tures when  he  could  not  explain  the  reason."  (C.  J.  France, 
The  Gambling  Impulse,  in  the  Am.  Jour,  of  Psychology,  Vol. 
XIII,  No.  3,  July,  1902,  p.  398.) 

In  this  connection  may  be  mentioned  Pascal's  "wager  of 
life."  Pascal  was  both  theologian  and  mathematician,  but  in 
this  instance  he  acted  as  a  theologian  and  not  as  a  mathemati- 
cian. He  asserted  that  you  may  bet  either  that  there  is  a  god 
or  that  there  is  no  god.  But,  he  argued,  you  will  lose  nothing 
by  betting  on  God  and  you  may  win  everything,  so  why  not  bet 
on  God?  It  is  evident  that  this  is  not  pure  gambling,  because, 
with  the  bias  of  the  theologian,  Pascal  has  dishonestly  weighted 
the  wager  heavily  in  behalf  of  God. 

2  See,  for  example,  Stewart  Culin,  Chess  and  Playing  Cards, 
in  the  "Annual  Report  of  the  Smithsonian  Institution  for 
1896,"  Washington,  1898,  "Report  of  the  National  Museum," 
pp.  665-942.  This  monograph  gives  a  lengthy  catalogue  of 
games  and  implements  for  divination.  Other  examples  can  be 
found  in  many  anthropological  and  ethnographic  works. 


72      PERSONALITY  AND  CONDUCT 

basis  of  gambling,  it  is  not  surprising  that  gam- 
bling is  accompanied  by  a  vast  mass  of  super- 
stitions. Indeed,  the  confirmed  gambler  is  one 
of  the  most  superstitious  of  human  beings. 
Thus  he  comes  to  the  gambling  game  with  an 
image  of  the  Goddess  Fortuna,  if  a  pagan,  or 
of  the  Virgin  Mary,  if  a  Christian,  or  a  coin 
blessed  by  the  Pope  which  he  is  sure  will  bring 
him  good  luck. 

A  card  player  who  is  losing  will  change  his 
seat,  or  turn  his  chair,  or  walk  around  the  table. 
If  he  wins  while  wearing  a  certain  suit  he  will 
wear  -that  suit  thereafter  when  playing. 
Changes  in  luck  are  supposed  to  accompany 
changes  of  habit  or  other  changes  in  the  life  of 
the  gambler.  These  beliefs  reveal  the  same 
kind  of  crude  reasoning  from  analogy  which  un- 
derlies sympathetic  magic. 

It  has  also  been  suggested  that  gambling  ap- 
peals to  the  instinct  of  pugnacity  in  human  be- 
ings.3 Where  a  measure  of  skill  is  involved  in 

» Thomas  seems  inclined  to  attribute  gambling  entirely  to 
this  factor.  I  think  that  he  exaggerates  its  importance.  He 
has,  however,  furnished  a  good  analysis  of  its  influence,  as  is 
indicated  in  the  following  passage :  — 

"We  are  now,  perhaps,  in  a  position  to  understand  how 
gambling  comes  to  exist  and  why  it  is  so  fascinating.  It  is  a 
means  of  keeping  up  the  conflict  interest  and  of  securing  all 
the  pleasure-pain  sensations  of  conflict  activity  with  little  effort 
and  no  drudgery;  and,  incidentally  or  habitually,  it  may  be  a 
means  of  securing  money — that  is,  potential  satisfactions  of  all 
possible  kinds,  through  the  gains  accruing  to  the  winner.  In 
gambling  the  risk  is  imminent,  the  attention  is  strained,  the 
emotions  strong;  and  even  where  the  element  of  skill  is  re- 
moved entirely  and  the  decision  left  to  chance,  an  emotional 


THE  GAMBLING  IMPULSE          73 

a  gambling  game  there  is  some  justification  for 
a  feeling  of  rivalry  and  of  conflict.  But  this 
feeling  seems  to  be  present  even  among  gam- 
blers engaged  in  pure  gambling  where  there  is 
no  skill  whatsoever  involved.  In  these  cases 
the  basis  for  the  feeling  seems  to  be  a  super- 
stitious belief  in  one's  influence  with  the  dark 
and  inscrutable  powers  which  determine  the 
outcome  of  the  gambling  game.  While  this  be- 
lief is  not  usually  formulated  in  so  many  words, 
it  is  revealed  in  the  gambler 's  feeling  and  faith 
that  he  or  she  must  win. 

In  some  gamblers,  perhaps  in  many  of  them, 
there  is  an  inordinate  self-confidence  which  re- 
veals itself  in  a  belief  in  one's  prevailing  luck 
and  certainty  of  success  in  the  long  run.  This 
belief  belongs  in  the  same  category  with  similar 
beliefs  in  luck,  in  favoring  deities,  in  guardian 
angels,  etc.  The  gamblers  who  are  willing  to 
take  great  risks,  who  are  willing  to  hazard  ev- 
erything upon  one  throw,  belong  in  the  class 
with  those  who  believe  that  they  were  born  un- 
der a  lucky  star,  that  they  are  children  of  des- 
tiny, etc.  These  are  they  who  make  huge 

reaction  analogous  to  the  feeling  in  the  genuine  conflict  is  felt. 
From  this  standpoint  our  problem  is  not  so  much  to  account 
for  the  gambler  as  to  account  for  the  business-man.  The  gam- 
ing instinct  is  born  in  all  normal  persons.  It  is  one  ex- 
pression of  a  powerful  reflex  fixed  far  back  in  animal  experi- 
ence. The  instinct  is,  in  itself,  right  and  indispensable,  but 
we  discriminate  between  its  applications."  (W.  I.  Thomas, 
The  Gaming  Instinct,  in  the  Am.  Jour,  of  Sociology,  Vol.  VI, 
No.  6,  May,  1901,  p.  760.)  ' 


74      PERSONALITY  AND  CONDUCT 

claims  for  themselves,  who  sometimes  profess 
to  be  super-human  if  not  supernatural  and  di- 
vine, who  undertake  vast  enterprises  frequently 
without  the  slightest  rational  basis  for  expect- 
ing success.  To  this  class  belonged  Jesus  and 
Mohammed,  Alexander  and  Napoleon. 

AVABICE   IN    GAMBLING 

The  gambling  impulse  is  mightily  reenforced 
by  avarice.  The  possibility  of  acquiring  prop- 
erty without  working  for  it,  of  getting  some- 
thing for  nothing,  is  too  strong  a  temptation 
for  many  persons.  However  irrational  it  may 
be  to  take  the  risk  of  losing,  greed  frequently 
overcomes  prudence  and  the  chance  is  taken. 

Some  gamblers  claim  that  they  are  attracted 
only  by  the  excitement  of  the  game  and  have  no 
interest  in  winning.  In  a  few  cases  there  may 
appear  to  be  some  basis  for  this  assertion,  be- 
cause the  gambler  does  not  need  to  win.  But  it 
is  doubtful  if  even  in  these  exceptional  cases  a 
person  can  continue  to  gamble  very  long  with- 
out awakening  the  sentiment  of  avarice,  which 
will  thereafter  furnish  an  additional  incentive 
for  gambling.  In  most  cases  there  is  sufficient 
need  to  arouse  the  avaricious  motive  from  the 
outset. 

The  excitement  of  the  game  doubtless  serves 
as  one  of  the  incentives  to  gamble  in  most  cases. 
This  is  true  for  both  rich  and  poor  alike.  It 
furnishes  a  change  from  the  ennui  and  boredom 


THE  GAMBLING  IMPULSE          75 

of  the  monotony  of  everyday  life.  It  affords 
relief  from  the  strain  of  this  life,  even  though 
it  may  substitute  for  it  a  different  kind  of  a 
strain.  But  to  the  poor  it  gives  the  additional 
excitement  of  a  chance,  however  slight  it  may 
be,  of  improving  their  economic  condition  ma- 
terially. This  is  particularly  true  of  the  lot- 
teries in  which  large  prizes  are  offered.  How 
dazzling  to  the  poor  is  the  grand  prix  in  the  big 
lottery  which  means  comparative  wealth  and 
luxury?  What  powerful  emotion  must  be 
aroused  by  the  mere  thought  of  winning  it  I4 

THE   PREDOMINANCE   OF   EMOTION   OVER   REASON 
IN   GAMBLING 

The  above  discussion  shows  clearly  the  pre- 
dominance of  emotion  over  reason  in  the  gam- 
bling impulse.  This  has  been  illustrated  in  the 
faith  in  luck,  in  the  superstitions  of  gamblers, 
in  the  love  of  conflict,  in  the  excitement  accom- 
panying the  game,  in  the  greed  it  awakens,  etc. 
Indeed,  it  is  evident  that  gambling  is  wholly  ir- 
rational, for  it  is  invariably  a  foolish  risk  to 
take. 

In  spite  of  this  fact  the  gambling  impulse  is 
very  insidious,  and  almost  invariably  increases 

*The  writer  has  been  present  at  the  gathering  of  a  vast 
throng  of  persons  of  all  conditions  and  classes  in  the  main 
square  of  a  large  European  city  who  had  assembled  to  witness 
the  posting  of  the  winning  numbers  in  a  big  state  lottery.  It 
was  a  striking  visible  manifestation  of  the  power  of  the 
gambling  impulse. 


76      PERSONALITY  AND  CONDUCT 

rapidly  in  strength  as  it  is  encouraged.  This 
is  due  to  the  fact  that  the  emotions  which  ac- 
company it  are  greatly  enhanced  as  they  are  in- 
dulged. So  that  the  gambler  speedily  becomes 
more  superstitious,  more  contentious,  more  av- 
aricious, and  more  desirous  of  the  excitement  of 
gambling.  Thus  the  gambling  habit  becomes 
more  or  less  firmly  fixed  upon  its  votary.  In 
some  cases  the  gambler  becomes  the  victim  of 
a  positive  mania  which  is  almost  a  form,  of 
mental  derangement  and  which  can  rarely  if 
ever  be  overcome.8 

It  is  difficult  to  compare  directly  the  gambling 
impulse  in  men  and  in  women.  It  is  probably 
true  that  there  is  much  more  gambling  among 
men  than  among  women.  But  whether  this  is 
due  entirely  to  the  fact  that  they  have  many 
more  opportunities  to  gamble  in  their  more  ac- 
tive life,  or  is  due  in  part  to  a  stronger  gam- 
bling impulse,  it  is  impossible  to  ascertain.  It 
is  possible,  and  perhaps  probable,  that,  owing 
to  their  more  conservative  nature,  women  are 
less  ready  than  men  to  take  chances.  But  when 
they  once  embark  upon  a  gambling  career, 
women  seem  to  cast  caution  to  the  winds  quite 
as  much  as  men.  Certain  it  is  that  some  women 
are  as  inveterate  in  their  gambling  as  the  con- 
firmed male  gamblers. 

6  Cf.  P.  Sollier  and  G.  Danville,  Pasiion  du  jeu  et  manie  du 
Jen,  in  the  Revue  philosophique,  Vol.  LXV,  June,  1908,  pp. 
561-576. 


THE  GAMBLING  IMPULSE          77 

Many  if  not  most  of  the  evils  which  arise  from 
gambling  have  been  suggested  in  the  above  dis- 
cussion. It  is  obvious  that  faith  in  chance  and 
luck  is  diametrically  opposed  to  the  idea  of  law 
and  order  which  is  promoted  by  science  and 
philosophy,  namely,  by  a  rational  view  of  the 
universe.  On  account  of  its  animistic  nature 
the  gambler's  belief  in  luck  fosters  all  sorts  of 
vulgar  superstitions  which  have  absolutely  no 
basis  or  justification  in  fact,  and  which  are  re- 
pudiated even  by  many  of  the  gamblers  in  their 
rational  moments. 

The  progress  of  civilization  on  its  intellectual 
side  must  be  measured  by  the  extent  to  which 
it  gives  currency  to  the  conception  of  law  and 
order  in  the  universe  and  of  natural  causal  re- 
lations in  the  sequence  of  events.  It  is  evident 
that  gambling  is  utterly  incompatible  with  this 
conception,  and  thereby  inevitably  obstructs  the 
progress  of  civilization.  This  is  probably  in 
the  long  run  the  greatest  evil  which  arises  out  of 
gambling.  It  is  comparable  with  the  evil 
caused  by  animistic  ideas  in  their  magical  and 
religious  forms. 

As  has  been  noted  above,  the  emotions  profit 
at  the  expense  of  reason  in  gambling.  Thus 
the  individual  is  governed  more  and  more  by 
his  feelings  and  less  and  less  by  his  reason. 
This  leads  to  lack  of  forethought  and  reckless- 
ness. These  traits  have  in  turn  resulted  in 
wrecking  many  careers  and  destroying  many 


78      PERSONALITY  AND  CONDUCT 

homes.    They  have   brought   many   gamblers 
and  their  families  to  penury  and  misery. 

If  these  gamblers  had  taken  a  rational  view 
of  gambling  they  would  have  realized  that,  ac- 
cording to  the  mathematical  law  of  probability, 
in  pure  gambling  they  will  neither  gain  nor  lose 
if  they  play  long  enough.6-  Furthermore,  they 
would  have  realized  that  in  most  forms  of  gam- 
bling the  vast  majority  of  gamblers  are  sure 
to  lose,  either  because  the  operator  of  the  game 
has  "fixed"  it  so  that  the  odds  are  against  them, 
or  because  there  are  in  the  game  a  few  gamblers 
with  large  financial  resources  who  are  able  to 
play  the  poorer  gamblers  out  of  the  game. 

GAMBLING   AND   IDEAS   OF   PROPERTY   RIGHTS 

One  of  the  worst  results  from  gambling  is  the 
effect  it  has  upon  ideas  and  standards  of  prop- 
erty ownership.  As  I  have  already  stated,  it 
stimulates  the  avaricious  desire  to  acquire 
something  for  nothing.  Thus  it  accustoms  the 
gambler  to  the  thought  of  acquiring  wealth 
without  putting  forth  any  effort  to  create 
wealth,  which  is  obviously  an  anti-social  point 
of  view.  Furthermore,  it  accustoms  him  to  the 
thought  of  depriving  another  of  property  with- 
out giving  any  equivalent  in  exchange.  Thus  it 
encourages  selfishness  and  callousness  towards 

«  See,  for  a  discussion  of  the  law  of  probability  as  applied  to 
gambling,  L.  Bachelier,  "Le  jeu,  la  chance  et  le  hasard,"  Paris, 
1914. 


79 

the  interests  of  others.  While  the  transfer  of 
the  ownership  of  property  which  results  from 
gambling  is  not  technically  the  same  as  theft 
and  fraud,  and  while  it  differs  intrinsically 
from  those  crimes  in  that  the  transfer  is  effected 
in  accordance  with  a  pre-arranged  mutual 
agreement,  nevertheless,  like  those  crimes  it  en- 
courages the  idea  of  the  transfer  of  wealth  with- 
out exchange  or  the  creation  of  new  wealth.7 
Gambling  inevitably  leads  to  a  good  deal  of 
crime.  In  some  places  gambling  itself  is  a 
crime.  But  even  when  it  is  not  itself  a  crime  it 
gives  rise  to  a  good  deal  of  crime.  It  does  so 
directly  in  various  ways.  For  example,  an 
amateur  gambler  may  embezzle  from  his  em- 
ployer in  order  to  be  able  to  gratify  his  passion 
for  gambling.  Or  he  may  steal  to  pay  debts  he 
has  contracted  while  gambling.  Indirectly  it 
leads  to  a  good  deal  of  crime  by  lowering  the 
ethical  standard  of  property  ownership  of  the 
gambler,  and  by  weakening  other  moral  ideas. 

i  The  characteristic  evils  of  gambling,  especially  with  refer- 
ence to  property  ownership,  have  been  stated  as  follows: — "In 
the  first  place,  the  prize  of  the  winner  comes  directly  out  of 
the  pocket  of  the  loser;  second,  the  connection  between  the 
prize  and  the  wager  is  not  a  natural  condition  of  social  life, 
but  it  is  arbitrarily  fixed;  third,  the  element  of  chance  is  not 
a  subordinate,  but  a  predominant  element  in  the  transaction; 
fourth,  the  practice  of  gambling  causes  disorganization  of 
character  in  the  participants;  and  finally  society  as  a  whole 
receives  no  benefit,  since  there  is  no  production  of  added  utility, 
but  on  the  contrary  suffers  severely  through  the  deterioration 
of  its  members."  (F.  N.  Freeman,  The  Ethics  of  Gambling,  in 
the  International  Journal  of  Ethics,  Vol.  XVIII,  October,  1907, 
p.  78.) 


80      PERSONALITY  AND  CONDUCT 

The  expression  of  the  gambling  impulse  fur- 
nishes the  professional  gambler  and  alleged 
gambler  an  excellent  opportunity  to  carry  on 
criminal  activities.  I  have  already  mentioned 
some  of  the  frauds  practised  by  the  profes- 
sional. It  would  be  impossible  to  describe  here 
all  of  the  numerous  frauds  of  this  sort.8 

Some  of  them  are  practised  upon  amateur 
gamblers  who  think  they  are  engaged  in  an  in- 
nocent game  with  other  amateurs.  Sometimes 
the  professional  works  upon  the  avarice  of  the 
amateur  and  induces  him  to  enter  a  game  in 
which  he  is  supposed  to  be  given  an  opportu- 
nity to  fleece  another  amateur,  but  in  which 
eventually  he  himself  is  fleeced  by  the  profes- 
sional. However  reprehensible  may  be  the  mo- 
tive of  the  victim  in  such  a  case,  there  is  no  jus- 
tification for  the  fraud  of  the  professional.  In 
fact,  the  human  weaknesses  which  give  rise  to 
the  gambling  impulse  furnish  a  profitable  field 
for  the  criminal  activities  of  the  professional 
gamblers. 

Consequently,  the  relation  between  gambling 
and  crime  is  very  close  in  several  respects. 
Furthermore,  gambling  is  a  favorite  diversion 

8  Many  of  the  fraudulent  gambling  and  confidence  games 
practised  by  professionals  are  described  in  the  following  book: 
— H.  K.  James  (pseudonym  of  J.  H.  Keate),  "The  Destruction 
of  Mephisto's  Greatest  Web,  or,  All  Grafts  Laid  Bare,  Being  a 
complete  exposure  of  all  gambling,  graft  and  confidence 
games,"  Salt  Lake  City,  Utah,  1914.  See  also,  T.  Byrnes, 
"Professional  Criminals  of  America,"  New  York,  1886;  R.  J. 
Power-Berrey,  "The  Bye-ways  of  Crime,"  London,  1899. 


THE  GAMBLING  IMPULSE          81 

of  criminals  in  general.  It  is  one  form  of  ex- 
pression of  their  recklessness  and  lack  of  fore- 
sight. It  illustrates  their  philosophy  of  "easy 
come  and  easy  go."  The  wealth  which  they 
have  so  easily  acquired  they  are  ready  to  risk 
in  a  gambling  game. 

GAMBLING   IN    THE   BUSINESS   WORLD 

It  is  difficult  to  ascertain  to  what  extent  gam- 
bling prevails  in  the  business  world.  In  one 
sense  it  is  true  that  all  business  enterprizes  in- 
volve risk  and  are  speculative.  But  if  an  en- 
terprize  is  of  such  a  nature  that  it  may  con- 
ceivably create  new  wealth  and  thus  be  pro- 
ductive, it  can  hardly  be  called  gambling.  It  is, 
however,  very  difficult  to  determine  with  respect 
to  certain  kinds  of  business  activities  whether 
or  not  they  can  possibly  be  productive.  This 
is  peculiarly  true  of  what  is  ordinarily  called 
speculation,  namely,  buying  and  selling  commod- 
ities and  securities  in  markets  with  a  view  to 
gaining  profits  from  differential  prices,  where 
the  dealer  does  nothing  to  add  value  to  the  ar- 
ticles he  is  buying  or  selling. 

In  this  book  there  is  not  the  space  for  a 
lengthy  discussion  of  the  nature  and  value  of 
speculation.  Suffice  it  to  say,  that  there  is 
reason  for  thinking  that  speculation  performs 
certain  useful  functions  in  our  economic  sys- 
tem as  it  is  now  organized.  At  any  rate,  this 
is  true  when  speculation  is  organized  as  it  is  in 


82      PERSONALITY  AND  CONDUCT 

the  stock  and  produce  exchanges.  These  ex- 
changes furnish  market-places  to  which  de- 
mands to  buy  and  offers  to  sell  can  come  and 
be  registered.  By  adjusting  these  demands  and 
offers  to  each  other  the  exchanges  furnish  a 
delicate  mechanism  for  ascertaining  and  for  fix- 
ing to  a  certain  extent  the  market  prices.  Fur- 
thermore, they  probably  tend,  in  the  long  run, 
to  stabilize  prices  and  thus  to  lessen  the  risks  of 
the  producers  of  raw  materials  and  of  the  man- 
ufacturers of  finished  products.  It  is  some- 
times asserted  that  the  speculators  themselves 
assume  these  risks.  This  assertion  is  true  in  a 
measure,  though  not  entirely.9 

On  the  other  hand,  the  opportunities  for  spec- 
ulation in  the  business  world  as  it  is  now  or- 
ganized doubtless  tend  to  encourage  the  gam- 
bling spirit,  and  frequently  lead  to  various 
forms  of  business  gambling.  It  is  evident  that 
the  profits  of  the  speculator  depend  upon  the 
movements  of  prices.  He  is,  therefore,  under 
strong  temptation  to  try  to  influence  these 

»  "It  is  in  this  element  of  risk  that  we  have  the  key  to  the 
function  of  speculation.  It  is  often  said  that  all  business  is 
to  a  certain  extent  speculative;  in  other  words,  there  is  an 
uncertainty  as  to  the  ultimate  profits.  These  risks  are  in- 
herent in  all  business,  and  are  no  more  artificial  than  the  whole 
commercial  order  under  which  we  live.  They  are  risks  which 
thrust  themselves  upon  business  men  and  which  business  men 
must  meet.  Especially  are  these  risks  dependent  on  changes 
in  value,  and  it  is  the  assumption  of  such  risks  that  constitutes 
speculation."  (H.  C.  Emery,  "Speculation  on  the  Stock  and 
Produce  Exchanges  of  the  United  States,"  New  York,  1896, 
P.  7.) 


83 

prices  to  move  in  the  direction  favorable  to  him, 
regardless  of  whether  or  not  these  movements 
will  in  the  long  run  stimulate  production. 

Speculators  are  constantly  trying  to  "manip- 
ulate" prices  with  an  eye  to  their  own  profits. 
The  "bears"  are  selling  "short"  with  a  view  to 
re-purchasing  at  a  profit,  and  are  therefore 
trying  to  force  the  prices  down.  The  "bulls" 
are  buying  securities  or  commodities  for  which 
they  do  not  intend  to  pay  with  a  view  of  re-sell- 
ing at  a  profit,  and  are  therefore  trying  to  push 
the  prices  up.  Every  so  often  some  one  tries 
to  "corner"  the  market  and  thus  to  establish  a 
monopoly  price  for  the  benefit  of  himself,  but  to 
the  detriment  of  every  one  else.  When  the 
speculating  is  in  options  and  on  the  margin, 
where  there  is  no  actual  transfer  of  ownership 
in  the  securities  or  commodities  with  respect  to 
which  the  speculating  is  carried  on,  there  is 
practically  no  difference  between  speculating 
and  gambling.10 

10  "Summing  up,  however,  and  looking  at  the  question  in  all 
its  different  aspects,  it  must  be  admitted  that  the  business  of 
the  speculator  is  not  one  which,  in  its  present  development, 
gives  the  moral  discipline  seen  in  other  forms  of  trade.  The 
particular  fault  of  speculation  is  the  fact  that  it  nurtures  the 
gambling  spirit.  It  gets  men  into  the  habit  of  seeking  to  take 
advantage.  In  ordinary  business  transactions  it  is  generally 
supposed  that  all  parties  to  a  contract  are  benefited.  A  con- 
trary impression  prevails  upon  the  speculative  exchanges,  for  it 
is  supposed  there  that  what  one  party  makes,  the  other  party 
loses.  This  impression  is  frequently  a  false  one,  as  has  been 
shown  heretofore.  But  the  transactions  upon  the  exchanges  in 
which  both  parties  profit  are  exceptional,  and  the  minds  of  the 
speculators  are  too  often  fixed  upon  some  sort  of  trick  or  il- 


84      PERSONALITY  AND  CONDUCT 

Furthermore,  business  gambling,  like  every 
other  form  of  professional  gambling,  offers 
strong  incentives  for  fraud  and  cheating.  I 
have  already  mentioned  some  of  these  fraudu- 
lent methods,  such  as  spreading  false  informa- 
tion, securing  advance  information  with  regard 
to  the  declaration  of  dividends,  and  "wash 
sales."  To  these  may  be  added  ''dealings  be- 
fore allotment*'  of  securities  to  subscribers, 
and  various  methods  used  to  stimulate  panics. 

Dishonesty  among  professional  business 
gamblers  is  much  instigated  by  the  fact  that 
many  amateur  gamblers  are  lured  into  the  spec- 
ulative markets  by  the  prospects  of  gains.  In 
fact,  the  profits  of  the  professional  speculators 
come  largely  from  "shearing  the  lambs." 
These  amateurs  are  usually  ignorant  of  market 
conditions  and  have  small  resources,  so  that 
they  become  the  easy  prey  of  the  professionals. 
The  mob  spirit  is  more  or  less  prevalent  among 
them  so  that  they  are  readily  stampeded  into 
buying  or  selling  in  certain  directions,  thus  fre- 
quently preparing  the  way  for  a  panic.  This 
mob  spirit  gives  rise  every  so  often  to  a  mad 
speculative  craze,  such  as  John  Law's  Missis- 
sippi scheme,  the  South  Sea  bubble,  the  tulip 
speculation  in  Holland,  many  mining  specula- 
tions, rubber  speculation  in  England,  railway 
speculation  in  this  country,  etc. 

legitimate  form  of  gain."     (H.   FT.  Brace,  "The  Value  of  Or- 
ganized Speculation,"  Boston,   1913,  p.   198.) 


THE  GAMBLING  IMPULSE         85 

In  fact,  perhaps  the  worst  evil  arising  out  of 
business  gambling  is  the  encouragement  it  gives 
to  the  gambling  spirit  throughout  the  public  at 
large.  Furthermore,  this  gambling  on  the  part 
of  the  public  results  in  the  loss  of  their  small 
savings  on  the  part  of  many  individuals  who 
can  ill  afford  to  lose,  and  who  suffer  greatly 
thereby. 

THE   REGULATION    OF   GAMBLING 

It  may  now  be  asked  whether  or  not  any  bene- 
fits whatever  can  be  derived  from  gambling. 
It  is  sometimes  alleged  that  gambling  is  a  pleas- 
ant recreation  with  which  to  while  away  an  idle 
hour.  An  amateur  who  gambles  rarely  and 
never  for  more  than  he  can  readily  afford  to 
lose  may  profit  from  the  diversion  offered  by  an 
occasional  game  of  chance  without  suffering 
any  injury.  But  it  is  impossible  for  any  one 
to  gamble  often  without  acquiring  the  gambling 
spirit,  and  when  that  spirit  is  indulged  some  if 
not  many  of  the  evils  which  I  have  described 
are  sure  to  arise  from  it. 

It  is  also  alleged  in  defense  of  gambling  that 
it  may  furnish  a  source  of  revenue  for  various 
useful  purposes.  In  some  European  countries 
gambling  is  taxed,  and  the  revenue  from  this 
tax  is  used  to  maintain  public  charities  and 
other  public  utilities.  But  this  has  happened 
usually  after  a  government  has  first  tried  to 
suppress  gambling  without  success,  and  then 


86      PERSONALITY  AND  CONDUCT 

has  decided  to  regulate  it  and  to  force  it  to  con- 
tribute to  the  public  revenues  just  as  other 
forms  of  luxury  are  taxed.  So  that  the  public 
revenue  derived  from  gambling  is  only  a  slight 
mitigation  of  its  evils. 

In  this  country  the  government  has  in  recent 
years  tried  to  suppress  gambling  entirely. 
This  attempt  has  been  due  largely  to  an  appre- 
ciation of  the  evils  of  gambling.  But  it  has 
been  due  in  part  to  Puritanical  prejudice 
against  pleasurable  recreations  of  all  sorts. 
This  is  indicated  by  the  fact  that  the  attempt  has 
sometimes  been  made  to  suppress  not  only  gam- 
bling but  also  amusements  with  which  gambling 
is  often  associated  though  they  are  harmless 
in  themselves,  such  as  card  playing,  horse  rac- 
ing, boxing,  etc.  The  attempt  to  suppress  gam- 
bling absolutely  has  been  unsuccessful  in  the 
main,  because  there  are  few  vices  which  can  be 
practised  with  as  much  secrecy  as  gambling. 
Whether  or  not  this  attempt  has  checked  gam- 
bling more  than  the  regulative  measures  in  Eu- 
rope it  is  impossible  to  ascertain,  because  of  the 
private  and  clandestine  character  of  much  of 
the  gambling  in  this  country. 

It  is  obviously  impossible  to  prevent  most 
forms  of  gambling  by  means  of  the  penal  law. 
A  bet  may  be  made  upon  a  street  corner  by  two 
men  standing  within  five  feet  of  a  policeman 
without  the  policeman  being  aware  of  it,  while 


THE  GAMBLING  IMPULSE         87 

there  is  no  possible  way  of  checking  gambling 
within  private  houses.  It  is  therefore  foolish 
to  enact  sweeping  penal  laws  against  gambling, 
because  such  laws  are  manifestly  unenforce- 
able.11 

Drastic  laws  should,  however,  be  passed 
against  the  activities  of  professional  gamblers, 
and  against  professional  gambling  in  public 
places.  Thus  gambling  houses  in  which  roulette 
wheels,  slot  machines,  lotteries,  professional 
card  games,  etc.,  are  operated  should  be  sup- 
pressed, and  the  activities  of  professional  gam- 
blers upon  the  streets,  at  race  courses,  and  in 
other  public  places  should  be  sternly  repressed. 
Public  advertisements  of  lotteries  and  other 
forms  of  gambling  should  be  prohibited.  In 
other  words,  every  feasible  measure  should  be 
adopted  to  prevent  the  public  and  profes- 
sional stimulation  of  gambling.12  Further- 
more, cheating  and  fraud  by  professional  gam- 
blers should  be  all  the  more  severely  punished. 

However  desirable  it  may  be  to  repress  pri- 
vate, amateur  gambling,  it  is  not  feasible  to  do 
so  by  penal  means.  We  should,  therefore,  trust 

11  For  example,  the  New  York  Penal  Code  specifies  that  "all 
wagers,  bets,  or  stakes,  made  to  depend  upon  any  race,  or 
upon  any  gaming  by  lot  or  chance  or  upon  any  lot,  chance, 
casualty,  or  unknown  or  contingent  event  whatever,  shall  be 
unlawful."      ("N.  Y.  Penal  Code,"  1915,  Section  991.) 

12  The  English  law  against  gambling  accomplishes  this  object 
fairly  well.     ( See  H.  W.  Rowsell  and  C.  G.  Moran,  "A  Guide  to 
the  Law  of  Betting,  Civil  and  Criminal,"  London,  1911.) 


88      PERSONALITY  AND  CONDUCT 

to  prophylactic  and  preventive  measures  and 
remove  as  far  as  possible  the  causes  of  the  gam- 
bling impulse. 

Most  of  these  preventive  measures  must  be 
along  two  main  lines  of  endeavor.  In  the  first 
place,  the  economic  basis  of  the  life  of  the  vast 
majority  of  individuals  should  be  rendered 
much  more  stable  than  it  is  at  present.  In  the 
second  place,  legitimate  outlets  should  be  fur- 
nished for  the  spirit  of  adventure,  in  order  that 
there  shall  be  little  inducement  to  gratify  this 
spirit  by  means  of  gambling. 


THE   SEX   RELATION 

MAN  has  always  been  a  serious  problem  to 
himself,  and  many  have  been  the  interpretations 
he  has  placed  upon  the  different  parts  of  his 
nature.  Records  and  evidences  of  these  inter- 
pretations we  find  in  magical  and  religious 
practises  and  beliefs;  in  mythology;  in  tradi- 
tion, custom,  law,  and  social  organization;  etc. 

Perhaps  most  inexplicable  of  all  have  been 
the  powerful  emotions  such  as  anger,  jealousy, 
envy,  etc.,  and  man  has  formulated  many  myths 
in  his  attempts  to  explain  them. 

There  is,  probably,  no  part  of  man's  nature 
which  has  been  a  greater  mystery  to  him  than 
his  sexual  nature.  Connected  with  sex  are  pow- 
erful feelings  and  strange  processes  which  it 
is  indeed  difficult  for  man  to  explain.  At  the 
time  of  puberty  and  adolescence  there  develop 
most  of  the  secondary  sexual  traits.  At  the 
same  time  come  to  fruition  the  sexual  passions 
which  give  rise  to  some  of  the  keenest  sensa- 
tions experienced  by  man  and  which  consti- 
tute one  of  the  principal  dynamic  elements  in 
man's  nature.  With  puberty  there  arrive  at 
maturity  the  processes  involved  in  the  sex  rela- 

89 


90      PERSONALITY  AND  CONDUCT 

tion,  which  have  already  appeared  in  an  ad- 
umbrated form  during  childhood.  For  the  fe- 
male there  begins  at  this  time  the  catamenial 
function  (menstruation),  and  after  conception 
comes  pregnancy  and  then  parturition. 

It  is  not  surprizing  that  man  has  had  many 
hypotheses  with  respect  to  the  nature  of  sex, 
and  has  regulated  it  in  many  and  diverse  ways. 
He  has  done  the  same  with  respect  to  other  hu- 
man traits.  But  inasmuch  as  his  sexual  nature 
includes  what  constitutes  the  most  powerful 
group  of  instincts  and  emotions  apart  from  the 
nutritive  function,  this  has  been  especially  true 
of  it.  We  shall  review  briefly  these  concep- 
tions of  sex,  and  then  consider  the  nature  of  the 
sex  relation  in  the  light  of  modern  scientific 
knowledge.  Not  otherwise  is  it  possible  to  or- 
ganize and  regulate  it  intelligently. 

PROMISCUITY   AND   MONOGAMY 

It  is  obviously  impossible  to  ascertain  the 
form  or  forms  taken  by  the  sex  relationship  in 
the  early  stages  of  human  evolution.  Conjec- 
ture ranges  all  the  way  from  complete  promis- 
cuity to  strict  monogamy.  The  truth  doubt- 
less lies  somewhere  between  these  two  extreme 
"theories,  but  probably  approaches  closer  to  the 
theory  of  promiscuity  than  to  the  theory  of 
monogamy. 

As  against  the  theory  of  complete  promis- 
cuity it  is  argued  that  the  rearing  of  the  young 


THE  SEX  RELATION  91 

required  the  care  of  the  male  as  well  as  of  the 
female  parent,  so  that  unions  between  individ- 
uals of  the  two  sexes  must  have  been  of  some 
duration.  There  are  reasons  for  thinking 
that  the  hominidae,  like  some  of  the  other  pri- 
mates to  which  they  are  closely  related  and 
many  of  the  carnivorous  species,  are  relatively 
non-gregarious,  and  therefore  probably  lived 
in  the  earlier  stages  in  small  family  groups 
rather  than  in  large  communal  groups.  But  if 
the  hominidae  lived  in  large  groups  the  young 
may  have  been  reared  by  the  group  in  common, 
as  is  true  of  many  of  the  gregarious  herbivo- 
rous species,  so  that  the  care  of  the  individual 
male  parent  would  not  be  necessary. 

It  is  also  argued  that  another  limitation  upon 
promiscuity  was  the  powerful  emotion  of  jeal- 
ousy, which  may  have  characterized  man  as  it 
characterizes  many  of  the  higher  mammals. 
This  emotion  would  naturally  lead  the  male  to 
monopolize  the  female  or  females  of  whom  he 
had  gained  possession.  It  is  indeed  possible 
that  this  trait  evolved  because  of  its  survival 
value  for  the  rearing  of  the  young,  since  it  fur- 
nishes a  strong  bond  to  hold  parents  together. 

Jealousy  and  the  necessity  of  rearing  the 
young  would  therefore  be  powerful  forces  for 
more  or  less  permanent  unions.1  As  to  whether 

i  Among  the  numerous  writers  who  hold  this  point  of  view, 
or  whose  writings  seem  on  the  whole  to  point  in  this  direction, 
may  be  mentioned  the  following: — Charles  Darwin,  "The  De- 
scent of  Man  and  Selection  in  Relation  to  Sex,"  London,  1871, 


92      PEESONALITY  AND  CONDUCT 

these  were  monogamous  or  polygenous,  it  is  dif- 
ficult to  say.  The  numerical  equality  of  the 
sexes  was  doubtless  a  strong  factor  for  mono- 
gamy. But  the  stronger  males  were  probably 
able  to  gain  possession  of  more  than  one  female 
apiece. 

The  contrasted  view  to  the  above  is  that  the 
hominidae  lived  in  communal  groups  in  which 
the  young  were  cared  for  by  the  group  in  com- 
mon. Those  holding  this  view  do  not  usually 
regard  jealousy  as  a  primitive  trait,  but  rather 
as  a  secondary  trait  which  arose  out  of  the  sense 
of  ownership  after  the  women  had  acquired  an 
economic  value. 

Many  facts,  indeed,  suggest  a  high  degree  of 
promiscuity  in  the  earlier  stages  of  human  so- 
cial development.  Among  these  are  the  rec- 
ords of  observers  of  many  primitive  peoples 
which  indicate  that  promiscuity  before  mar- 
riage and  sometimes  after  marriage  was  cus- 
tomary. Furthermore,  such  institutions  as 
group  marriage,  sexual  hospitality,  the  jus 
primed  noctis  in  some  cases,  perhaps  sacred 
prostitution  as  an  expiation  for  marriage,  and 
many  other  savage  and  barbaric  customs  may 
be  vestiges  of  an  earlier  state  of  promiscuity.2 

2  vols.;  Andrew  Lang,  "Social  Origins,"  and  J.  J.  Atkinson, 
"The  Primal  Law,"  London,  1903;  E.  Westermarck,  "The  His- 
tory of  Human  Marriage,"  London,  1891 ;  N.  W.  Thomas,  "Kin- 
ship Organizations  and  Group  Marriage  in  Australia,"  Cam- 
bridge, Eng.,  1906;  B.  Malinowski,  "The  Family  among  the 
Australian  Aborigines,"  London,  1913. 

2  Among   the   numerous   writers   who  have   furnished   data 


THE  SEX  RELATION  93 

There  is  not  the  space  to  present  here  the  bi- 
ological and  psychological  evidence  which  indi- 
cates that  sexual  jealousy  was  probably  an  or- 
iginal and  primary  trait  of  man.  But  this  trait 
has  doubtless  been  greatly  accentuated  and  com- 
plicated by  the  development  of  the  sense  of 
ownership  as  a  secondary  trait.  In  any  case, 
sexual  jealousy  as  an  original  trait  would  not 
be,  incompatible  with  a  considerable  amount  of 
promiscuity,  for  until  a  female  had  been  per- 
manently appropriated  by  a  male  she  would 
naturally  have  promiscuous  relations. 

Hartland  presents  an  imposing  array  of  facts 
with  respect  to  the  widespread  practise  of  sex- 
ual liberty,  not  only  among  the  unmarried  but 
frequently  among  the  married  as  well.  Upon 
these  facts  he  bases  his  theory  that  jealousy  is 
not  an  original  trait  of  man  but  has  grown  out 
of  the  sense  of  ownership.  The  following  quo- 
tations are  of  interest  in  this  connection: — 

"The  wide  prevalence  of  the  opposite  prac- 
tice, namely,  the  sexual  liberty  recognised  as 
the  right  of  the  unmarried  both  male  and  fe- 
male, may  be  regarded  as  evidence  of  the  small 

which  have  supported  in  one  way  or  another  this  point  of 
view  may  be  mentioned  the  following: — L.  H.  Morgan,  "An- 
cient Society,"  New  York,  1877;  J.  F.  McLennan,  "Studies  in 
Ancient  History,"  London,  1876;  W.  Robertson  Smith,  "Kin- 
ship and  Marriage  in  Early  Arabia,"  London,  1903 ;  B.  Spen- 
cer and  F.  J.  Gillen,  "The  Native  Tribes  of  Central  Australia," 
London,  1899,  "The  Northern  Tribes  of  Central  Australia," 
London,  1904;  A.  W.  Howitt,  "The  Native  Tribes  of  South- East 
Australia,"  London,  1904. 


94:      PERSONALITY  AND  CONDUCT 

social  importance  attached  to  the  gratification 
of  the  sexual  instincts  apart  from  the  limita- 
tions imposed  by  the  sense  of  ownership  and  the 
consequent  growth  of  the  ideal  of  chastity. 
The  sense  of  ownership  has  been  the  seed-plot 
of  jealousy.  To  it  we  are  indebted  for  the  first 
germ  of  sexual  regulations.  To  it  in  the  last 
resort,  reinforced  by  growing  physiological 
knowledge  and  sanctioned  by  religion,  is  due 
the  social  order  enjoyed  by  the  foremost  na- 
tions of  Europe  and  America. ' ' s 

''The  view  thus  implied  of  what  we  should 
call  serious  offences  against  virtue  is  not,  it  is 
true,  universal.  But  it  is  common  enough  and 
distributed  widely  enough  to  lead  the  student 
seriously  to  ask  whether  the  masculine  passion 
of  jealousy  can  be  as  fundamental  and  primitive 
as  it  is  sometimes  asserted  to  be.  If  the  answer 
be,  as  I  believe  it  must  be,  in  the  negative  cer- 
tain hypothetical  reconstructions  of  the  history 
of  marriage  will  need  reconsideration. ' ' 4 

Some  of  the  writers  who  hold  strongly  to  the 
theory  of  jealousy  as  an  original  human  trait 
admit  that  promiscuity  has  been  widespread  at 
many  times  and  places.  For  example,  Wester- 
marck,  who  holds  this  theory,  cites  many  such 
instances  of  promiscuity  in  his  history  of  hu- 
man marriage. 

»E.  S.  Hartland,  "Primitive  Paternity,"  London,  1910,  Vol. 
II,  pp.  102-103. 

*  Op.  Git.,  Vol.  II,  pp.  242-243. 


THE  SEX  EELATION  95 

A  follower  of  Westermarck,  Malinowski,  also 
recognizes  the  influence  of  the  sense  of  owner- 
ship. He  first  indicates  the  existence  of  physi- 
ological jealousy : 

"In  the  first  place,  we  may  assume  in  this  so- 
ciety, as  in  the  whole  of  mankind  and  in  the 
majority  of  higher  animals,  a  physiological 
basis  for  jealousy  in  the  form  of  an  innate  in- 
stinct; a  natural  aversion  of  an  individual  to- 
wards an  encroachment  on  his  sexual  rights  and 
a  natural  tendency  to  expand  these  rights  as  far 
as  possible — within  certain  variable  limits. 
That  among  the  Australian  aborigines  such  in- 
stincts of  jealousy  are  not  absent,  that  they  are, 
on  the  contrary,  very  strongly  developed,  is  evi- 
dent from  nearly  all  the  facts  quoted  and  all 
general  considerations.  It  is  proved  by  the 
high  esteem  in  which  in  some  tribes  chastity  is 
held;  by  the  fact  that  fidelity  is  required  in  all 
other  tribes,  and  that  it  yields  only  to  cus- 
tom."5 

Malinowski  then  recognizes  the  influence  of 
the  sense  of  ownership : 

1  *  The  idea  of  the  individual  sexual  over-right 
and  control  over  his  wife  is  strongly  present  in 
the  aboriginal  mind.  This  right  is  undoubtedly 
realized  as  a  privilege,  and  the  natural  tendency 
to  keep  his  privileges  for  himself,  or  dispose  of 
them  according  to  his  wish  or  interest,  must  cre- 
ate a  strong  opposition  to  any  encroachment. 

6  B.  Malinowski,  op.  cit.,  p.  125. 


96      PERSONALITY  AND  CONDUCT 

In  other  words,  the  sexual  act  has  its  intrinsic 
value,  and  it  is  considered  as  an  unquestionable 
advantage.  And  the  right  to  this  advantage 
constitutes  a  kind  of  private  property.  The 
feeling  of  jealousy  exists  here  in  its  economic 
sense:  the  proprietor  of  a  certain  object  be- 
grudges the  use  of  it  to  any  one  whom  he  does 
not  invite  to  it,  or  who  is  not  otherwise  entitled 
to  the  privilege.  And  this  seems  to  me  one  of 
the  strongest  probable  sources  of  jealousy,  be- 
sides the  natural  physiological  impulse  of  aver- 
sion, mentioned  above. ' ' 6 

But  whatever  may  have  been  the  situation 
among  early  men,  all  forms  of  sex  relationship 
have  existed  and  still  exist  among  the  peoples  of 
whom  we  have  records.  These  include  prom- 
iscuity, group  marriage,  polygyny,  polyandry, 
and  monogamy.  Various  combinations  of  these 
forms  also  exist.  For  example,  we  find  promis- 
cuity before  marriage  for  both  sexes  or  for  the 
male  sex  alone,  accompanied  by  strict  prohibi- 
tion of  promiscuity  after  marriage  for  both 
sexes,  or  for  the  female  alone.  Or  we  find  strict 
prohibition  of  promiscuity  before  marriage  for 
both  sexes  or  for  the  female  alone,  accompanied 
by  a  certain  amount  of  promiscuity  after  mar- 
riage for  both  sexes  or  for  the  male  alone.  As 
the  above  examples  illustrate,  there  has  been  on 
the  whole  more  freedom  for  the  male  than  for 

e  Op.  cit.,  pp.  126-127. 


THE  SEX  EELATION  97 

the  female.    The  causes  for  this  difference  will 
be  indicated  in  a  later  chapter. 

The  most  that  can  be  said  in  any  attempt  to 
generalize  is  that  there  is  apparently  a  tend- 
ency away  from  promiscuity,  and  a  tendency 
towards  monogamy.  Jealousy  not  only  on  the 
part  of  the  male  but  also  on  the  part  of  the  fe- 
male who  resents  the  existence  of  other  wives  or 
sweethearts,  the  necessity  of  caring  for  the  off- 
spring and  parental  affection  for  the  young,  the 
numerical  equality  of  the  sexes,  the  desirability 
of  providing  a  well  tested  companionship  for 
old  age,  and  the  establishment  of  organized 
government  in  the  place  of  individual  power  en- 
courage these  tendencies.  The  development  of 
human  personality  has  perhaps  also  aided  these 
tendencies  in  some  ways,  though  in  other  re- 
spects it  has  probably  been  a  force  for  greater 
freedom. 

FACTOKS   INFLUENCING   THE   SEX   EELATION 

In  the  course  of  human  social  evolution  many 
other  factors  have  made  their  appearance  which 
have  influenced  sex  relations  and  have  greatly 
enhanced  the  complexity  of  the  problems  in- 
volved. Some  of  the  more  important  of  these 
factors  I  shall  mention,  especially  those  which 
are  playing  a  part  in  civilized  society  and  are 
still  giving  rise  to  sex  regulations. 

As  the  human  mind  evolved  and  especially 


98      PERSONALITY  AND  CONDUCT 

as  language  developed,  man  began  to  meditate 
and  speculate  upon  the  nature  of  sexual  phe- 
nomena. The  phenomena  connected  with  re- 
production must  have  seemed  very  extraordi- 
nary to  him,  and  many  have  been  the  hypotheses 
formulated  by  him  to  explain  them.  For  many 
ages  the  physical  relation  between  father  and 
offspring  was  not  recognized.  Vestiges  of  at- 
tempts to  explain  the  pregnancy  of  the  mother 
are  to  be  found  in  the  totemic  beliefs  still  ex- 
tant among  many  primitive  peoples,  in  myths 
of  supernatural  birth  and  metempsychosis,  and 
in  metronymic  and  patronymic  ideas  and  prac- 
tises.7 Superstitious  and  mythical  explana- 
tions of  reproduction  were  inevitable  until  sci- 
entific knowledge  had  been  acquired  of  the  cau- 
sal connection  between  the  sex  relation  and  re- 
production. 

In  similar  fashion  early  man  attempted  to  ex- 
plain the  mysteries  of  the  sex  relation,  which  is 
a  critical  experience  for  man  on  account  of  the 
intensity  of  the  feelings  involved.  Especially 
mysterious  is  the  sexual  function  in  woman,  and 
this  was  doubtless  the  principal  cause  for  the 
development  of  a  peculiar  mental  attitude  on 
the  part  of  the  male  towards  the  female.  Per- 
haps the  most  striking  feature  of  it  is  the  flow  of 

t  A  vast  amount  of  data  with  regard  to  primitive  explana- 
tions of  reproduction  in  the  absence  of  a  knowledge  of  physio- 
logical paternity  is  given  in  E.  S.  Hartland,  "Primitive  Patern- 
ity, The  Myth  of  Supernatural  Birth  in  Relation  to  the  His- 
tory of  the  Family,"  London,  1909-1910,  2  vols. 


THE  SEX  RELATION  99 

blood  in  connection  with  puberty  (the  hymenal 
flow),  the  periodic  catamenial  function  (the 
menstrual  flow),  and  parturition  (the  puerperal 
flow).  This  was  probably  the  principal  cause 
for  the  notion  still  more  or  less  prevalent  that 
sex  is  unclean,  especially  in  woman.8 

This  notion  of  the  uncleanness  of  sex  led  to 
many  sexual  taboos  to  guard  against  the  con- 
tagion of  this  uncleanness.'  It  has  also 
played  a  part  in  the  establishment  of  many 
exogamous  and  endogamous  regulations  of  the 
sex  relation,10  some  of  which  still  persist  in  the 
form  of  prohibitions  against  incest. 

It  was  to  be  expected  that  sex  would  play 
an  important  part  in  magic.  For  example,  ow- 
ing to  a  false  analogy  between  sexual  acts  and 
the  growth  of  vegetation  sex  has  frequently 
been  regulated  on  the  principle  of  homeopathic 
or  imitative  magic  in  order  to  insure  a  good  har- 
vest.11 

s  See,  for  example,  J.  G.  Frazer,  "Balder  the  Beautiful," 
London,  1913,  Vol.  I,  Chap.  II,  "Seclusion  of  girls  at  puberty"; 
"Taboo  and  the  Perils  of  the  Soul,"  London,  1911,  Chap.  IV, 
"Tabooed  persons,"  Sec.  3,  "Women  tabooed  at  menstruation 
and  childbirth." 

» A  searching  study  of  this  subject  has  been  made  by  E. 
Crawley,  "The  Mystic  Rose,  A  Study  of  Primitive  Marriage," 
London,  1902.  Descriptions  of  many  of  the  rites  connected 
with  sex  are  given  in  A.  van  Gennep,  "Les  rites  de  passage," 
Paris,  1909. 

1°  See,  for  example,  L.  H.  Morgan,  op.  oit.,  J.  F.  McLennan, 
op.  cit.,  W.  Robertson  Smith,  op.  cit. 

11  See,  for  example,  J.  G.  Frazer,  "The  Magic  Art,"  Lon- 
don, 1911,  Vol.  II,  Chap.  XI,  "The  influence  of  the  sexes  on 
vegetation." 


100     PERSONALITY  AND  CONDUCT 

It  is  not  surprizing  also  that  sex  has  played 
an  important  part  in  religion.  Phallic  worship 
has  existed  at  many  times  and  places.  Sex  has 
been  attributed  to  anthropomorphic  deities  and 
sacred  prostitution  has  played  its  part  in  the 
worship  of  these  deities.12  In  the  attempt  to 
propitiate  deities  has  arisen  the  ascetic  ideal 
of  foregoing  sexual  pleasures  in  order  to  ex- 
piate sin  and  to  attain  purification.13 

Another  important  factor  in  the  regulation 
of  sex  has  been  the  economic  subjection  of 
woman.  On  account  of  her  inferiority  to  man 
in  physical  strength,  woman  has  doubtless  al- 
ways been  more  or  less  subject  to  him.  But  in 
the  early  stages  of  the  evolution  of  human  so- 
ciety, before  the  division  of  labor  had  been  car- 
ried far  enough  to  cause  much  differentiation  in 
occupations  and  professions,  woman  was  prob- 
ably very  little  if  at  all  upon  an  inferior  plane 
economically.  But  as  the  pastoral,  agricul- 
tural, and  later  stages  in  economic  evolution 
took  place,  woman  became  in  a  large  measure  a 
form  of  property.  Marriage  by  purchase  came 

12  See,  for  example,  J.  G.  Frazer,  "Adonia,  Attis,  Osiris," 
London,  1907,  Chap.  IV,  "Sacred  men  and  women";  E.  S.  Hart- 
land,  "Ritual  and  Belief,"  London,  1914,  Essay  entitled  "The 
rite  at  the  Temple  of  Mylitta." 

is  Cf.  E.  Westermarck,  "The  Origin  and  Development  of  the 
Moral  Ideas,''  London,  1908,  Vol.  II,  Chap.  39.  "In  various 
religions  we  meet  with  the  idea  that  a  person  appeases  or 
gives  pleasure  to  the  deity  by  subjecting  himself  to  suffering 
or  deprivation.  This  belief  finds  expression  in  all  sorts  of 
ascetic  practices."  (P.  356.) 


THE  SEX  RELATION  101 

into  being  and  to  the  natural  jealousy  of  man 
was  added  the  artificial  property  right  to  sub- 
jugate woman  in  marriage. 

The  preceding  brief  survey  has  revealed  some 
of  the  principal  factors  in  the  organization  and 
regulation  of  the  sex  relation  in  the  past.  Some 
of  these  factors  still  persist  today.  In  the  Oc- 
cidental world  the  dominant  religion  is  Chris- 
tianity. This  religion  originated  from  an  ex- 
tensive folk  culture  arising  from  many  sources. 
Some  of  the  elements  of  this  culture  still  per- 
sist in  this  religion.  For  example,  the  myth 
of  supernatural  birth  is  embodied  in  Chris- 
tianity in  the  form  of  the  legend  of  the  virgin 
birth  of  Jesus. 

In  the  Christian  religion  the  magical  notion 
of  the  uncleanness  of  sex  has  been  combined 
with  and  has  reenforced  the  ideal  of  propitiat- 
ing the  deity  by  expiation  and  purification 
through  chastity.  Thus  the  ascetic  ideal  has 
played  a  prominent  part  in  Christianity  and  has 
influenced  the  regulation  of  sex  down  to  the 
present  day.  Owing  to  this  ascetic  ideal  the 
sex  relation  per  se  still  has  a  certain  amount  of 
stigma  attached  to  it,  and  its  legitimacy  is  usu- 
ally admitted  by  the  conventional  morality 
rather  grudgingly  only  for  purposes  of  procrea- 
tion, and  not  always  even  for  that  purpose. 


CHAPTER  IX 

THE   PLAY   FUNCTION   OF   SEX 

SEX  is  no  more  or  no  less  mysterious  to  sci- 
ence than  any  other  part  of  human  nature  or 
any  other  object  in  the  universe.  Magical  and 
religious  interpretations  can,  therefore,  play 
no  part  in  a  scientific  exposition  of  the  nature 
and  functions  of  sex. 

THE   REPKODUCTIVE   AND   PLAY   FUNCTIONS   OF    SEX 

The  primary  and  fundamental  function  of 
sex  is  reproduction.  This  function  has  doubt- 
less existed  as  long  as  sex  itself.  It  is  obvious 
that  without  this  function  the  human  species 
would  soon  perish.  Furthermore,  the  con- 
tinued existence  of  the  species  requires  not  only 
the  sexual  acts  but  also  care  of  the  young,  and 
this  second  requirement  is  likely  to  react  upon 
the  relations  between  the  sexes  and  the  ways  in 
which  the  sexual  functions  are  fulfilled. 

In  the  higher  animals,  and  in  the  warm- 
blooded vertebrates  in  particular,  sex  has  ac- 
quired a  second  function,  which  is  in  its  way 
as  important  as  the  first  function.  This  second 
function  is  due  to  an  efflorescence  of  the  sexual 

impulse,  largely  through  the  affective  traits  of 

102 


THE  PLAY  FUNCTION  OF  SEX     103 

the  warm-blooded  animals.  The  feelings  are 
much  more  highly  developed  in  the  warm- 
blooded animals  than  they  are  in  the  cold- 
blooded animals,  doubtless  owing  to  the  more 
complex  vascular  system  of  the  warm-blooded 
animals.  Consequently,  a  great  expansion  of 
the  extent  and  scope  of  sexual  feeling  has  been 
possible  in  the  warm-blooded  animals. 

The  original  seat  of  sexual  feeling  doubtless 
is  in  the  sex  glands.  But  according  to  the  latest 
theory  of  glandular  action  some  of  the  glands, 
including  the  sex  glands,  send  out  so-called 
"hormones"  to  other  parts  of  the  organism. 
So  that  probably  through  the  stimulation  of  the 
nerve  centers  caused  by  the  hormones  which  are 
sent  out  from  the  sex  glands  to  all  parts  of  the 
organism,  sexual  feeling  is  aroused  throughout 
the  organism.  The  existence  of  these  hormones 
is  still  hypothetical,  so  that  it  is  not  yet  possible 
to  state  whether,  if  they  exist,  they  are  in  the 
form  of  discrete  particles  or  of  a  chemical  solu- 
tion. 

The  results  from  this  organic  state  of  feeling 
are  many  and  varied,  and  it  would  be  impossible 
to  describe  them  in  detail  here.  But  the  im- 
portance of  sexual  feeling  is  indicated  by  the 
recognition  it  has  received  in  psychology.  For 
example,  according  to  one  psychological  theory 
all  feelings  of  pleasure  are  sexual  in  their 
origin.  This  theory  probably  is  wrong,  but 
there  is  no  doubt  that  many  pleasurable  feel- 


104     PERSONALITY  AND  CONDUCT 

ings,  perhaps  the  majority  of  them,  are  sexual 
in  their  origin.  Furthermore,  there  can  be 
no  doubt  that  sexual  feeling  is  one  of  the  most 
acute,  perhaps  the  most  acute,  form  of  feeling 
and  of  pleasure.  It  is  also  true  that  a  good  deal 
of  pain  is,  indirectly  at  any  rate,  due  to  sex. 
This  pain  is  caused  by  undue  repression  of 
sexual  impulses,  or  in  some  other  way  con- 
nected with  sex. 

The  complexity  of  the  results  from  the  state 
of  feeling  stimulated  by  sex  is  so  great  that  it 
is  difficult  to  give  a  name  to  this  secondary 
function  of  sex.  I  choose  to  call  it  the  "play 
aspect"  of  sex,  or  the  "play  interest"  in  sex. 
My  reason  for  using  the  word  "play"  is  that 
this  function  of  sex  gives  rise  to  much  behavior 
whose  motive  is  not  practical  in  the  sense  that 
work  is  motivated  by  practical  ends,  so  that  in 
this  respect  it  is  like  play.  Consequently,  even 
though  this  name  does  not  indicate  fully  the 
scope  of  this  function,  I  shall  call  this  function 
of  sex  the  play  function.1 

THE   INFLUENCE   OF   THE   PLAY   FUNCTION 

The  play  aspect  of  sex  is  developed  to  a  con- 
siderable degree  among  all  of  the  higher  ani- 
mals. Among  many  of  them  it  is  a  strong  so- 
cial force,  and  adds  considerably  to  the  richness 

i  So  far  as  I  know  this  name  was  used  for  the  first  time  In 
my  "Poverty  and  Social  Progress,"  New  York,  1916,  pp.  310 
•ff.  The  next  few  paragraphs  are  in  part  paraphrazed  from 
that  book. 


THE  PLAY  FUNCTION  OF  SEX     105 

of  their  life.  But  sex  is  on  the  whole  more  ex- 
clusively for  reproduction  among  the  animals 
than  it  is  among  men.  This  is  well  illustrated 
by  the  rut.  Owing  to  the  rut  sexual  feeling  is 
very  acute  at  certain  times  among  many  of  the 
animal  species,  but  is  more  or  less  quiescent  at 
other  times. 

The  rut  seems  to  have  disappeared  entirely 
or  in  large  part  among  men,2  so  that  sexual 
feeling  is  more  or  less  evenly  diffused  over  the 
whole  of  human  life.  Consequently  the  play 
function  is  a  constant  factor  in  the  life  of  man. 
Furthermore,  the  human  intellect  makes  the 
play  aspect  a  conscious  end  to  a  much  greater 
degree  than  is  possible  for  any  animal,  while 
many  human  ideas  become  associated  with 
sexual  feelings,  thus  forming  sentiments  which 
exercize  a  powerful  influence  over  the  life  of 
man. 

Much  of  human  achievement  has  been  due  to 
the  play  function  of  sex,  but  it  is  impossible  to 
describe  these  achievements  here.  Suffice  it  to 
say  that  many  military,  political,  and  economic 
achievements  have  been  due  to  male  gallantry 
in  behalf  of  women,  or  to  sexual  rivalry  among 
men.  Furthermore,  the  play  function  is  fre- 
quently an  indirect  cause  of  achievement. 
Much  of  art,  literature,  and  religion  is  a  sym- 

2  Cf.  E.  Westermarck,  "The  History  of  Human  Marriage," 
London,  1891,  Chap.  II,  "Human  pairing  season  in  primitive 
times." 


106     PERSONALITY  AND  CONDUCT 

bolic  interpretation  of  sexual  feelings  and  de- 
sires, where  these  feelings  and  desires  have 
been  sublimated  and  the  results  of  the  sublima- 
tion are  being  manifested  in  these  forms.  The 
extensive  role  played  in  the  life  of  man  by  this 
function  of  sex  has  been  more  or  less  fully  re- 
vealed in  recent  years  by  the  study  of  the  un- 
conscious, subconscious,  co-conscious,  or  sublim- 
inal aspect  of  human  nature.  Psychoanalysis 
has  furnished  a  valuable  technique  for  this 
study. 

OPPOSITION   TO   THE   PLAY   FUNCTION 

In  spite  of  these  facts,  certain  ideas  are  more 
or  less  prevalent  at  present  which  deny  the  ex- 
istence, or,  to  say  the  least,  the  utility  of  the 
play  function  of  sex.  The  first  of  these  ideas  is 
that  reproduction  is  the  only  natural,  legitimate 
function  of  sex,  and  that  the  use  of  sex  for  any 
other  purpose  is  animal,  bestial,  licentious,  and 
immoral,  and  that  a  human  being  who  recog- 
nizes any  other  function  of  sex  and  practises  it 
reverts  to  the  animal  plane.  The  above  facts 
indicate  that  the  exact  opposite  of  this  idea  is 
the  truth. 

Among  the  lower  animals  sex  is  exclusively 
or  almost  exclusively  for  purposes  of  reproduc- 
tion. Higher  in  the  animal  scale  there  develops 
the  secondary  function  which  I  have  called  the 
play  function  of  sex.  This  function  plays  an 
increasingly  important  role.  It  reaches  its 


THE  PLAY  FUNCTION  OF  SEX     107 

highest  fruition  in  man,  and  is  therefore  most 
distinctively  human  in  its  character. 

Consequently,  it  is  not  animal  and  bestial  to 
recognize  the  play  function  of  sex  and  to  ad- 
vocate a  full  scope  for  it.  On  the  contrary,  it 
is  human,  social,  and  cultural,  in  the  best  sense 
of  those  terms,  to  foster  this  supremely  valu- 
able trait  of  mankind.  Those  who  deny  the 
play  function  of  sex  convict  themselves  of 
bestiality  by  so  doing,  because  they  are  denying 
what  is  most  distinctively  human  in  favor  of 
what  is  more  distinctively  characteristic  of  the 
beasts ;  while  those  who  attempt  to  provide  suit- 
able and  adequate  opportunity  for  the  exercize 
of  this  human  trait  in  the  life  of  mankind  are 
furthest  from  the  brutes. 

A  second  idea,  which  grows  to  a  large  extent 
out  of  the  first  idea,  is  to  the  effect  that  each 
generation  should  live  exclusively  for  the  sake 
of  succeeding  generations.  Several  criticisms 
may  be  made  of  this  idea.  In  the  first  place, 
there  are  no  scientific  or  philosophic  reasons 
why  there  should  be  any  future  generations. 
No  facts  have  ever  been  discovered  which  prove 
that  anything  of  moment  in  the  universe  apart 
from  man 's  own  interests  depends  upon  the  con- 
tinuance of  the  human  species.  Consequently, 
so  far  as  any  scientific  or  philosophic  considera- 
tions are  involved,  it  would  be  entirely  justifi- 
able for  the  present  generation  to  devote  itself 
exclusively  to  its  own  interests,  and  to  make 


108     PERSONALITY  AND  CONDUCT 

no  effort  to  perpetuate  itself  by  means  of  repro- 
duction. 

But  even  if  it  is  assumed  on  religious  or 
moral  grounds  that  there  should  be  succeeding 
generations  (and  this  assumption  is  made  by 
most  persons),  it  would  still  not  be  necessary 
for  the  present  generation  to  sacrifice  itself  en- 
tirely in  the  interest  of  future  generations. 
Such  a  sacrifice  would  presumably  be  altruistic 
in  its  character.  But  if  the  present  generation 
assumed  that  a  complete  self-sacrifice  was 
obligatory,  it  would  place  itself  in  an  inconsist- 
ent and  logically  fallacious  attitude  towards 
altruism.  It  would  not  be  altruistic  for  the 
present  generation  to  transmit  to  future  gen- 
erations a  tradition  of  a  duty  which,  if  per- 
formed, would  in  turn  destroy  the  enjoyment 
of  life  for  those  generations  also.  If  this  obli- 
gation rests  upon  the  present  generation,  it 
must  rest  upon  future  generations  as  well,  so 
that  it  would  be  the  highest  altruism  not  to 
bring  those  generations  into  the  world  under 
the  burden  of  such  an  obligation. 

In  the  second  place,  even  if  it  is  assumed  that 
there  should  be  future  generations,  and  that 
each  generation  must  sacrifice  itself  at  least  in 
part  for  its  descendants,  it  is  not  necessary  to 
assume  that  this  sacrifice  must  be  complete. 
If  this  were  the  case,  only  the  last  human  gen- 
eration could  derive  any  enjoyment  out  of  life, 


THE  PLAY  FUNCTION  OF  SEX     109 

because  it  would  have  no  descendants  for  which 
to  sacrifice  itself,  and  there  would  be  no  justi- 
fication for  the  existence  of  the  preceding  gen- 
erations. So  that  even  the  persons  who  believe 
in  the  duty  of  propagation  can  be  hedonists  to 
the  extent  of  believing  that  each  generation  is 
entitled  to  some  enjoyment. 

Ideas  opposed  to  the  play  function  of  sex  are 
to  be  expected  wherever  duty  and  morality  are 
worshipped  as  ends  in  themselves,  as  is  the  case 
in  this  country  on  account  of  its  Puritanical  cul- 
tural background.  Owing  to  these  ideas,  it  is 
customary  to  regard  parenthood  as  a  duty,  but 
to  look  with  suspicion  upon  the  play  function 
of  sex  because,  perchance,  pleasure  may  be 
derived  from  the  exercize  of  this  function.  It 
is  obvious  that  so  long  as  it  is  believed  that 
there  is  opposition  between  the  two  functions  of 
sex,  it  will  be  impossible  to  harmonize  them  in 
the  life  of  mankind. 

HAEMONIZING   THE   SEXUAL   FUNCTIONS 

The  first  step  towards  harmonizing  these  two 
functions  is  to  regard  parenthood  not  as  a  duty 
but  as  a  privilege  and  a  source  of  pleasure.  As 
I  have  already  indicated,  there  is  no  scientific 
or  philosophic  reason  for  regarding  the  per- 
petuation of  the  species  as  a  duty.  Rarely,  if 
ever,  also,  is  there  any  social  and  humanitarian 
reason  for  regarding  reproduction  as  a  duty, 


110     PERSONALITY  AND  CONDUCT 

because  it  is  ordinarily  the  tendency  of  popula- 
tion to  increase  more  rapidly  than  is  desirable 
for  society. 

On  the  other  hand,  parenthood  may  be  and  is 
under  suitable  conditions  a  source  of  much 
pleasure.  Under  the  stress  of  poverty  and 
similar  conditions  of  misery  it  may  be  a  source 
of  more  pain  than  pleasure.  But  ordinarily 
the  satisfaction  of  the  instincts  and  emotions 
connected  with  parenthood  more  than  repays  all 
of  the  pain  and  discomfort  caused  by  parent- 
hood. Consequently,  there  is  every  reason  to 
consider  parenthood  a  privilege  rather  than  a 
duty,  and  its  value  to  the  individual  as  a  privi- 
lege will  doubtless  be  enhanced  in  the  future 
by  the  increasing  pressure  of  population  upon 
natural  resources.  This  pressure  may  become 
so  great  that  society  may  be  forced  to  prohibit 
each  couple  from  having  more  than  three  or 
even  two  children.3 

The  second  step  towards  harmonizing  the  two 
functions  of  sex  is  to  recognize  that  they  may 
reenforce  each  other,  and  will  do  so  when  prop- 
erly exercized.  The  play  function  ordinarily 
leads  in  course  of  time  to  reproduction,  and 
then,  if  the  play  aspect  of  the  relation  between 
the  parents  is  strong,  it  is  almost  certain  to  be 
made  stronger  by  the  bond  of  mutual  parent- 

3  I  have  discussed  the  problem  of  population  at  considerable 
length  in  my  "Poverty  and  Social  Progress,"  Cliap.  XII,  entitled 
"The  Growth  of  Population  and  the  Increase  of  Wealth,"  and 
Chap.  XIII,  entitled  "Population  and  Poverty." 


THE  PLAY  FUNCTION  OF  SEX     111 

hood.  It  happens  much  more  rarely,  if  ever, 
that  reproduction  without  the  play  aspect  leads 
to  a  development  of  the  play  function  of  sex. 
This  is  due  to  the  fact  that,  despite  the  opinion 
of  many  persons  to  the  contrary,  so  far  as  the 
individual  is  concerned  the  play  function  nor- 
mally comes  first  in  point  of  time.  This  situa- 
tion is  explained  by  the  following  scientific 
facts. 

While  there  is  a  distinct  sexual  instinct,  there 
is  no  distinct  parental  instinct.  That  is  to  say, 
human  beings  feel  a  distinct  impulse  towards  a 
definite  form  of  behavior  with  respect  to  sex, 
namely,  the  satisfying  of  erotic  feelings.  But 
they  do  not  feel,  and  they  obviously  could  not 
feel  a  distinct  impulse  towards  a  definite  form 
of  behavior  with  respect  to  parenthood,  because 
there  is  no  single  act  on  the  part  of  the  indi- 
vidual which  is  sure  to  cause  parenthood.  On 
the  contrary,  parenthood  is  the  outcome  of  a 
long  process  which  goes  on  automatically  and 
independently  of  the  acts  of  the  individual. 
The  process  of  reproduction  begins  as  a  result 
of  sexual  intercourse,  but  the  individual  can  do 
nothing  to  bring  about  this  result.  Then  after 
pregnancy  has  commenced,  the  process  is  en- 
tirely automatic. 

It  is  nevertheless  true  that  reproduction 
stimulates  certain  instincts  and  emotions  in  the 
parents  which  lead  to  a  strong  affective  atti- 
tude towards  their  offspring,  and  to  various 


112     PEESONALITY  AND  CONDUCT 

kinds  of  acts  in  behalf  of  the  offspring.  So  that 
while  there  is  no  distinct  parental  instinct,  there 
are  various  instincts  and  emotions  which  are 
stimulated  by  reproduction,  and  which  are  con- 
nected with  parenthood. 

If  these  two  measures  to  harmonize  the  func- 
tions of  sex  are  taken,  sexual  relations  will  un- 
der normal  conditions  begin  on  the  play  basis 
and  culminate  in  parenthood,  which  will  in  turn 
reenforce  the  play  aspect  of  the  union.  This 
result  is  much  to  be  desired  from  the  point  of 
view  of  the  interest  of  the  child,  because,  if  the 
play  function  is  strong,  the  parents  are  not 
likely  to  separate,  and  thus  the  child  will  have 
the  benefit  of  the  care  of  both  parents. 

If,  however,  the  sex  relation  begins  without 
the  play  aspect,  and  is  merely  for  the  purpose  of 
reproduction,  it  is  almost  certain  to  arouse  a  re- 
pugnance which  can  never  be  overcome.  In 
such  a  case  reproduction  is  not  likely  to  reen- 
force the  play  function,  and  the  parents  are 
very  likely  to  separate,  so  that  the  children  will 
not  have  the  benefit  of  the  care  of  both  parents. 
And  even  if  the  parents  do  not  separate  under 
such  conditions,  the  environment  in  the  house- 
hold of  a  mismated  couple  is  not  favorable  to  a 
good  rearing  for  the  offspring. 

These  facts  indicate  that  both  functions  of 
sex  are  based  upon  powerful  instincts  which 
are  deeply  rooted  in  human  nature,  that  they 
involve  many  feelings,  and  that  numerous 


THE  PLAY  FUNCTION  OF  SEX    113 

ideas  and  sentiments  are  connected  with  them. 
But,  however  important  the  reproductive  func- 
tion may  be,  the  play  function  can  perhaps 
claim  at  least  a  little  superiority  from  a  cul- 
tural point  of  view,  because  it  is  a  higher 
product  of  mental  and  social  evolution.  To  say 
the  least,  the  play  function  is  probably  a  more 
conscious  and  intelligent  element  in  the  human 
mental  makeup,  because  it  doubtless  is  asso- 
ciated with  more  complex  ideas  and  sentiments 
than  the  reproductive  function  of  sex.4 

The  obvious  significance  of  the  above  facts 
is  that  the  play  function  of  sex  has  been  an  im- 
portant factor  in  the  evolution  of  civilization, 
and  has  done  much  to  enrich  human  personality. 
It  is,  therefore,  an  indication  of  profound  igno- 
rance of  human  nature  and  of  cultural  evolu- 
tion and  an  exhibition  of  crass  stupidity  to  at- 
tempt to  organize  and  regulate  sex  relations 
without  any  regard  to  this  function  of  sex. 

And  yet  there  has  been  much  regulation  of 
this  sort  for  magical  and  religious  reasons,  on 
account  of  the  economic  position  of  woman,  and 
in  behalf  of  the  reproductive  function  of  sex. 
I  have  already  expressly  ruled  out  of  consid- 
eration the  magical  and  religious  reasons. 
Regulations  arising  out  of  the  economic  depend- 
ence of  woman  are  inevitable  so  long  as  that 
condition  exists.  Inasmuch  as  the  same  im- 

*  I  hope  to  describe  the  play  function  of  sex  in  greater  detail 
in  a  future  treatise  on  this  subject. 


114    PERSONALITY  AND  CONDUCT 

pulses  are  involved  in  both  the  reproductive 
and  the  play  functions  of  sex,  though  frequently 
in  a  different  form,  it  is  impossible  to  regulate 
sex  to  any  degree  in  the  interest  or  alleged  in- 
terest of  reproduction  without  interfering  seri- 
ously with  the  play  function. 

Now  it  is  characteristic  of  the  play  function 
of  sex  that  it  must  act  spontaneously  so  far  as 
the  individual  is  concerned.  That  is  to  say, 
there  can  be  no  immediate  directing  or  regulat- 
ing as  to  the  object  or  objects  towards  which 
the  sexual  impulses  of  the  individual  will  direct 
themselves.  So  that  to  interfere  with  sexual 
relations  and  acts  in  the  name  of  reproduction 
is  to  interfere  with  the  spontaneous  operation 
of  the  play  function. 

The  above  remarks,  however,  are  not  meant 
to  imply  that  the  play  function  cannot  be  much 
influenced  indirectly.  As  a  matter  of  fact,  early 
environment  and  training,  the  ideas  possessed 
by  an  individual,  and  many  other  factors,  in- 
fluence the  play  function  greatly.  The  wise 
method  of  trying  to  influence  either  of  these 
two  functions  of  sex  is  to  do  so  by  indirect 
means,  and  to  be  very  careful  to  influence 
neither  function  in  any  way  which  will  do  injury 
to  the  other. 


CHAPTER  X 

METHODS    OF    SEX   REGULATION 

I  .SHALL  now  enumerate  the  sex  regulations 
prevailing  in  the  civilized  world,  classifying 
them  in  an  orderly  fashion.  Some  of  these  reg- 
ulations exist  everywhere  in  the  civilized  world, 
others  of  them  exist  only  in  certain  parts  of  the 
civilized  world.1 

CLASSIFICATION   OF   SEX   REGULATIONS 

The  first  group  includes  the  sexual  offenses 
against  the  person.  Strictly  speaking,  the  only 
offense  in  this  group  is  rape;  and  not  even  all 
kinds  of  rape  in  some  legal  jurisdictions,  for 
sexual  intercourse  outside  of  marriage  with  a 
female  under  a  specified  age  may  constitute 
rape  in  the  second  degree,  even  though  she  has 
consented  to  the  intercourse.  But  abduction 
may  in  some  cases  be  regarded  as  a  sexual  of- 
fense against  the  person,  as  when  a  female  is 
forcibly  carried  away  and  detained  against  her 
will  in  order  to  be  used  for  sexual  purposes. 

i  All  the  laws  regulating  sex  in  New  York  City  have  been, 
compiled  in  convenient  form  by  A.  B.  Spingarn,  "Laws  Relating 
to  Sex  Morality  in  New  York  City,"  New  York,  1915.  This 
book  furnishes  a  good  picture  of  sex  regulation  from  the  con- 
ventional point  of  view  in  one  civilized  community. 

115 


116     PERSONALITY  AND  CONDUCT 

In  other  words,  abduction  is  sometimes  an  act 
preparatory  to  rape. 

The  second  group  includes  the  crimes  of 
false  pretenses  committed  for  sexual  purposes. 
The  first  is  seduction  under  promise  of  mar- 
riage. The  second  is  bigamy  in  most  cases,  for 
the  bigamist  does  not  usually  inform  the  inno- 
cent party  to  the  marriage  of  his  or  her  exist- 
ing spouse. 

The  third  group  includes  the  regulations  of 
marriage.  Marriages  between  persons  within 
the  prohibited  degrees  of  consanguinity  are  de- 
clared void  and  are  punished  as  being  incestu- 
ous. Bigamy,  under  which  term  in  our  law  is 
included  every  form  of  marriage  apart  from 
monogamy,  is  prohibited  and  punished.  Adult- 
ery is  punished  as  a  violation  of  the  marriage 
bond.  Divorce  is  absolutely  prohibited  in  some 
places  and  is  narrowly  limited  in  many  places. 
For  example,  it  is  prohibited  in  South  Carolina 
and  is  permitted  only  for  adultery  in  New  York 
State. 

The  fourth  group  includes  regulations  of  ex- 
tra-marital sex  relations.  Every  form  of  ex- 
tra-marital sexual  intercourse  under  the  name 
of  fornication  is  absolutely  prohibited  and  pun- 
ished in  some  places.  But  in  most  parts  of  the 
civilized  world  today  fornication  as  such  is  not 
punished,  though  legal  attempts  are  frequently 
made  to  discourage  and  limit  it.  Concubinage, 
or  long  continued  fornication  between  the  same 


METHODS  OF  SEX  REGULATION     117 

parties,  is  sometimes  distinguished  and  pun- 
ished more  severely  than  ordinary  fornication. 
Fornication  between  persons  within  the  pro- 
hibited degrees  of  consanguinity  is  also  pun- 
ished more  severely  as  being  incestuous.  Pros- 
titution, or  fornication  for  profit,  is  punished  in 
some  places,  while  nearly  everywhere  there  are 
regulations  of  prostitution  with  a  view  to  dis- 
couraging and  limiting  it. 

The  fifth  group  includes  regulations  of  re- 
production. Abortion  is  prohibited  and  pun- 
ished in  most  communities.  The  use  of  contra- 
ceptive measures  to  prevent  conception  is  pro- 
hibited in  many  places.  To  become  the  parent 
of  an  illegitimate  child  is  penalized  in  some 
places,  while  in  many  places  regulations  exist 
for  the  purpose  of  discouraging  bastardy. 
Furthermore,  in  some  places  bastards  suffer 
from  certain  legal  disabilities. 

The  sixth  group  includes  regulations  of 
sexual  variations  or  aberrations,  popularly 
called  perversions.  Among  these  aberrations 
are  many  ways  of  satisfying  the  sexual  impulse 
which  are  usually  regarded  as  abnormal  and 
which  are  rather  vaguely  comprehended  under 
the  terms  sodomy  and  buggery.  Sexual  vari- 
ations may  arise  by  means  of  the  sexual  im- 
pulse becoming  directed  towards  objects  other 
than  the  normal  object,  such  as  towards  in- 
dividuals of  the  same  sex  (homosexuality), 
towards  the  sexually  immature  (pederasty), 


118     PERSONALITY  AND  CONDUCT 

towards  animals  (bestiality),  and  towards  in- 
animate objects  (sexual  fetishism). 

The  seventh  group  includes  all  regulations  of 
acts  and  objects  which  are  incidental  to  sex  or 
suggestive  of  it,  or  which  are  popularly  re* 
garded  as  being  related  in  some  way  to  sex.  In 
accordance  with  the  conventional  moral  stand- 
ard these  acts  and  objects  are  usually  called  in- 
decent, obscene,  lewd,  lascivious,  salacious,  im- 
modest, etc. 

In  the  last  group  of  regulations  are  the  laws 
and  conventions  which  forbid  an  unusual  degree 
of  exposure  of  the  body  in  public.  Such  ex- 
posure is  ordinarily  regarded  as  immodest  and 
indecent,  because  it  is  sexually  suggestive  to 
the  conventional  mind  which  is  almost  invari- 
ably highly  prurient.  Dancing  has  sometimes 
been  prohibited  because  it  involves  close  contact 
between  the  sexes.  These  regulations  also  in- 
clude the  prohibition  of  spoken  references  to 
sex  in  private  or  in  public,  as,  for  example,  on 
the  stage;  written  references  to  sex  in  books, 
journals,  etc. ;  and  artistic  or  other  representa- 
tions of  matters  related  to  sex,  as  in  pictures, 
statues,  etc. 

The  preceding  conspectus  of  sex  regulations, 
brief  and  concise  though  it  is,  is  sufficient  to  in- 
dicate that  the  factors  mentioned  in  the  two 
preceding  chapters  are  still  at  work.  In  these 
regulations  we  can  discern  the  influence  of  the 
magical  notion  of  the  uncleanness  of  sex,  the  re- 


METHODS  OF  SEX  REGULATION    119 

ligious  and  especially  the  Christian  notions  of 
asceticism  and  the  sacramental  character  of 
marriage,  the  economic  dependence  of  women, 
etc.  These  regulations  represent  in  our  Anglo- 
American  culture  what  is  usually  called  the 
Puritanical  attitude  towards  sex,  which  we  are 
as  yet  very  far  from  having  outgrown.  I  shall 
describe  several  recent  typical  examples  of 
Puritanical  sex  regulation  and  repression. 

THE   WHITE   SLAVE   TRAFFIC   ACT 

In  1910  Congress  enacted  the  "White  Slave 
Traffic  Act. "  (U.  S.  Statute  at  Large,  825 ;  Act 
of  June  25,  1910,  C.  395.)  The  nature  of  this 
law  will  be  indicated  by  citing  Section  2,  which 
reads  as  follows : 

"That  any  person  who  shall  knowingly  trans- 
port or  cause  to  be  transported,  or  aid  or  assist 
in  obtaining  transportation  for,  or  in  transport- 
ing, in  interstate  or  foreign  commerce,  or  in  any 
territory  or  in  the  District  of  Columbia,  any 
woman  or  girl  for  the  purpose  of  prostitution 
or  debauchery,  or  for  any  other  immoral  pur- 
pose, or  with  the  intent  and  purpose  to  induce, 
entice,  or  compel  such  woman  or  girl  to  become 
a  prostitute  or  to  give  herself  up  to  debauchery, 
or  to  engage  in  any  other  immoral  practice ;  or 
who  shall  knowingly  procure  or  obtain,  or  cause 
to  be  procured  or  obtained,  or  aid  or  assist  in 
procuring  or  obtaining,  any  ticket  or  tickets,  or 
any  form  of  transportation  or  evidence  of  the 


120     PERSONALITY  AND  CONDUCT 

right  thereto,  to  be  used  by  any  woman  or  girl 
in  interstate  or  foreign  commerce,  or  in  any 
territory  or  the  District  of  Columbia,  in  going 
to  any  place  for  the  purpose  of  prostitution  or 
debauchery,  or  for  any  other  immoral  purpose, 
or  with  the  intent  or  purpose  on  the  part  of  such 
person  to  induce,  entice,  or  compel  her  to  give 
herself  up  to  the  practice  of  prostitution,  or  to 
give  herself  up  to  debauchery,  or  to  any  other 
immoral  practice,  whereby  any  such  woman  or 
girl  shall  be  transported  in  interstate  or  for- 
eign commerce,  or  in  any  territory  or  the  Dis- 
trict of  Columbia,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  of  not  more  than 
five  years,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court." 

This  law,  commonly  known  as  the  "Mann 
Act,"  has  unfortunately  been  declared  consti- 
tutional. (Hoke  vs.  U.  S.,  227  U.  S.  Supreme 
Court  Reports  308.)  Its  official  title  implies 
that  it  was  enacted  to  prevent  the  traffic  in 
women  for  the  purpose  of  prostituting  them 
against  their  will.  But  the  section  of  the  law 
which  I  have  quoted  is  sufficient  to  indicate  that 
it  is  much  broader  in  its  scope.  It  makes  a 
felony  of  almost  every  attempt  to  aid  a  woman 
or  girl  to  indulge  in  any  * '  immoral  practice. ' ' 

If  a  man  or  a  woman  expended  five  cents  in 
carfare  to  transport  a  woman  from  one  state 


METHODS  OF  SEX  REGULATION    121 

to  another  in  order  that  she  might  indulge  in  an 
alcoholic  beverage,  a  felony  would  have  been 
committed  under  this  law,  provided  the  court 
considered  that  imbibing  an  alcoholic  beverage 
is  immoral.  Cases  quite  as  absurd  as  this  one 
have  been  tried  before  the  federal  courts  and 
have  resulted  in  convictions.  It  has  been  de- 
cided that  the  word  "debauchery"  as  used  in 
the  act  does  not  include  sexual  intercourse 
alone,  but  may  be  extended  to  cover  vice  and 
immorality  other  than  so-called  sexual  vice  and 
immorality.  (Athanasaw  vs.  U.  S.,  227  U.  S. 
Supreme  Court  Reports  326.)  In  various  cases 
it  has  been  decided  that  the  act  is  not  limited 
to  commercialized  vice.  (U.  S.  vs.  Flaspoller, 
205  Federal  Reporter  1006 ;  Johnson  vs.  U.  S., 
215  Federal  Reporter  679 ;  Diggs  vs.  U.  S.,  and 
Caminetti  vs.  U.  S.,  220  Federal  Reporter  545. 
The  U.  S.  Supreme  Court  affirmed  these  deci- 
sions by  a  vote  of  five  to  three  in  a  decision 
rendered  January  15,  1917,  upon  the  appeals  of 
the  Diggs-Caminetti  and  Hayes  cases.) 

The  immediate  responsibility  for  this  in- 
famous law  rests  upon  the  members  of  Con- 
gress who  created  it.  But  it  rests  even  more 
upon  the  so-called  "social  hygiene"  and  other 
vice  reformers  whose  agitation  in  favor  of  such 
legislation  was  largely  to  blame  for  the  law,  and 
who  in  this  matter  as  in  so  many  other  matters 
displayed  their  ignorance  and  their  bigotry. 
Some  responsibility  should  also  be  placed  upon 


122    PEESONALITY  AND  CONDUCT 

the  sensational  yellow  newspapers  whose  ex- 
ploitation of  a  largely  mythical  white  slave 
traffic  helped  to  drive  Congress  to  enact  this 
stupid  and  brutal  piece  of  legislation. 

PURITANICAL.   SEX   REGULATION    IN   THE 
UNITED   STATES 

The  "Mann  Act"  and  the  immigration  laws 
give  the  U.  S.  Commissioner-General  of  Immi- 
gration an  enormous  amount  of  authority  to 
pass  upon  the  morality  and  therefore  the  fit- 
ness, of  aliens  to  be  admitted  to  this  country. 
Extraordinary  indeed  are  the  results  from  the 
exercize  of  this  power  2  by  means  of  which  our 
Government  constitutes  itself  the  mentor  of  the 
intimate  personal  affairs  and  private  morals, 
not  only  of  its  own  citizens,  but  of  foreigners  as 
well. 

Fornication  is  not  a  crime  in  some  parts  of 
this  country,  but  adultery  is  a  crime  almost 
everywhere.3  However,  they  are  not  usually 

2  For  example,  a  wealthy  Greek  merchant  arrived  in  New 
York  with  a  traveling  companion,  who  was  reputed  to  be  a 
Belgian  countess.  The  couple  were  placed  under  detention 
because  they  could  not  give  an  account  of  their  relationship 
which  was  satisfactory  to  the  Immigration  Inspectors.  (See 
The  New  York  Times,  April  30,  1916.) 

a  "Forty-six  States,  that  is  all  but  two,  make  adultery  a 
crime,  denning  it  as  sexual  intercourse  between  two  persons, 
either  of  whom  is  married  to  a  third  person.  In  nearly  all 
these  States  the  adulterous  act  of  the  husband  is  held  to  be 
equally  criminal  with  the  adulterous  act  of  the  wife. 

"To  the  question,  'Is  prostitution  an  evil  or  a  crime?'  the 
answer  of  our  States  is  thus  given.  Thirty-seven  of  our  forty- 
eight  States  penalise  fornication,  that  is,  the  illicit  sexual 


METHODS  OF  SEX  REGULATION  123 

penalized  even  when  proved.  For  example,  in 
New  York  State,  where  adultery  is  the  only 
cause  for  divorce,  it  is  frequently  admitted  in  a 
divorce  suit  in  order  to  facilitate  the  securing 
of  a  divorce. 

In  most  if  not  all  parts  of  this  country  is  pen- 
alized the  use  of  contraceptive  measures,  and 
also  the  dissemination  of  information  with  re- 
gard to  the  prevention  of  conception.  There 
have  been  numerous  prosecutions  under  these 
laws.4 

intercourse  of  two  persons,  whether  married  or  unmarried,  and 
without  regard  to  gain.  Three  of  these  States  also  specifically 
penalise  prostitution,  though  the  crime  of  fornication  clearly 
includes  prostitution.  Of  the  thirteen  States  which  have  no 
statute  regarding  fornication,  one  (Maryland)  has  a  statute 
forbidding  fornication  of  a  white  person  with  a  negro,  and  three 
(New  York,  Ohio  and  Pennsylvania)  have  laws  punishing  in- 
cestuous fornication.  As  fornication  includes  prostitution,  it  is 
clear  that  thirty-five  states,  by  implication,  class  prostitution  as 
a  crime."  (James  Bronson  Reynolds,  The  Responsibility  of 
Law  Makers  in  the  Reduction  of  Public  Immorality,  in  the 
"Report  of  the  Portsmouth  Conference  of  the  International  Fed- 
eration for  the  Abolition  of  State  Regulation  of  Vice,"  London, 
1914,  p.  86.) 

*  In  1914  a  woman  in  New  York  City  was  indieted  under  the 
Federal  law  for  sending  contraceptive  information  through  the 
mails.  The  indictment  was  based  partly  upon  the  allegation 
that  such  information  is  "obscene."  She  fled  from  the  coun- 
try, but  a  few  months  later  her  husband  was  arrested  for 
disseminating  such  information  personally  and  was  sent  to 
prison  for  a  short  term.  Both  of  these  prosecutions  were 
brought  about  by  the  late  Anthony  Comstock,  who,  during 
his  lifetime  was  the  most  notorious  and  perhaps  the  most 
stupid  vice  crusader  in  this  country.  In  June,  1916,  a  man  and 
a  woman  were  arrested  in  New  York  on  the  charge  of  distribut- 
ing birth  control  pamphlets.  (See  The  New  York  Times,  June 
6,  1916.)  In  July,  1916,  in  Boston  a  man  was  sentenced  to 
three  years  in  prison  for  disseminating  contraceative  infor- 


124     PERSONALITY  AND  CONDUCT 

The  conventional  standard  of  morality  con- 
demns an  exposure  of  the  body  which  oversteps 
a  rather  narrow  limit.  Consequently,  there  is 
much  repression  of  what  is  called  indecent  ex- 
posure. For  example,  the  police  frequently 
prohibit  stockingless  and  skirtless  bathing  suits 
for  women  and  one-piece  suits  for  men  at  the 
bathing  beaches.  The  police  and  the  courts  are 
constantly  regulating  the  dress  of  actors  and 
actresses  on  the  stage. 

Not  only  is  sex  itself  repressed  but  also  many 
things  which  are  incidentally  related  to  sex, 
such  as  the  discussion  of  sexual  matters  in 
books  or  on  the  stage,  the  nude  and  other  rep- 
resentations in  art  which  suggest  sex  to  the  pru- 
rient mind.  Schroeder  has  described  numer- 
ous examples  of  such  repression: — 

"In  the  beginning  it  seems  as  though  people 
thought  that  only  bawdry  portrayals  were  to  be 
suppressed.  'Filthy'  was  the  characterization 
of  Congressman  Merriam  when  in  1873  he  made 
a  statement  in  favor  of  the  suppression  of  the 
'obscene.'  Such  question-begging  epithets  of 
course  preclude  a  thoughtless  public  from  the 
weighing  of  human  liberty  against  moral  senti- 
mentalism,  or  of  considering  the  evolution  of 
precedents,  or  even  asking  for  statutory  cri- 

rnation  and  advocating  in  print  the  use  of  birth  control  meas- 
ures. (See  The  New  York  Evening  Sun,  July  21,  1916.)  On 
appeal  this  sentence  was  reduced  to  sixty  days  and  later  was 
appealed  again. 


METHODS  OF  SEX  REGULATION     125 

teria  of  guilt.  A  dull  and  unconcerned  popu- 
lace did  not  see  that  the  precedents  which  they 
applauded  would  lead  to  the  suppression  of  all 
nudity  in  art,  and  ultimately  to  the  suppression 
of  all  contradiction  of  the  theology  of  sex.  The 
transition  was  swift  from  suppressing  what 
disgusted  most  people  to  the  suppression  of 
that  which  could  offend  only  the  extreme  ascetic, 
or  prude.  Boston  banished  its  bronze  Bac- 
chante. A  copy  of  'The  Triumph  of  Charles 
V,'  by  Hans  Makart,  was  ordered  out  of  the 
window  of  a  New  York  candy-store.  A  Fifth 
Avenue  art  dealer  had  to  conceal  a  landscape 
portraying  some  children  discreetly  walking 
away  from  the  beholders.  That  these  pictures 
had  the  saving  grace  of  high  art  did  not  protect 
their  owners,  and  these  owners,  not  caring  to 
indulge  in  the  expense  of  defending  human  lib- 
erty, succumbed  to  the  threat. 

"Emboldened  by  similar  successes,  the  Art 
Students  League  catalogue  was  attacked  be- 
cause of  its  drawings  of  nude  men.  Washing- 
ton postal  authorities  had  declared  it  mailable, 
so  an  arrest  was  made  under  State  laws.  The 
defendant  was  induced  to  plead  guilty  on  assur- 
ance that  no  appreciable  penalty  would  be  in- 
flicted. This  also  was  cheaper  than  to  defend 
human  rights,  and  thus  the  seemings  of  an- 
other judicial  precedent  were  established. 
However,  this  doubtful  victory  and  the  great 


126     PERSONALITY  AND  CONDUCT 

publicity  given  it  did  not  yet  give  courage  for 
attacking  a  popular  magazine  which  soon  after 
adorned  its  title  page  with  the  posterior  view 
of  nude  children.  The  result  might  have  been 
different  had  it  been  a  periodical  more  generally 
disapproved,  or  which  had  previously  and  for 
other  reasons  excited  official  condemnation. 

"From  art  to  literature  was  not  a  far  reach. 
First  of  course  the  censors  suppressed  the 
purely  bawdry  literature,  as  for  example, 
'Fanny  HilP  and  *  Memoirs  of  a  Woman  of 
Pleasure. '  Thence  the  extension  to  *  The  Yoke ' 
and  'Three  Weeks';  Zola,  Boccaccio  and  Rabe- 
lais also  have  been  attacked  with  varying  suc- 
cess, and  even  lately  a  woman  was  arrested  in 
New  Jersey  for  sending  to  her  husband,  by  mail, 
a  copy  of  Burns ' '  Merry  Muses. '  In  New  York 
a  woman,  having  quarreled  with  her  husband, 
had  him  arrested  for  having  mailed  her  a  lasciv- 
ious letter.  Tolstoi's  'Kreutzer  Sonata'  was 
suppressed  by  Postmaster  General  Wana- 
maker.  Bills  have  already  been  introduced  to 
penalize  advertisements  of  liquors  and  ciga- 
rettes, and  descriptions  of  drinking  and  smok- 
ing scenes.  Soon  we  will  have  a  literature  that 
is  not  only  sexless  but  also  drinkless  and 
smokeless.  But  what  good  will  have  come  to 
humanity  when  all  this  is  achieved?  Will  sex- 
ual and  other  irregularities  really  cease  in  fact 
because  they  cannot  openly  exist  in  type?  Will 


METHODS  OP  SEX  REGULATION     127 

justice  be  more  certain  and  liberty  more  se- 
cure?"5 

Even  the  Bible  was  declared  obscene  (which 
it  undoubtedly  is  according  to  conventional 
standards)  in  the  following  cases: 

"Under  the  laws  against  'obscene'  literature, 
one  of  the  first  American  prosecutions  of  note 
was  that  of  the  distinguished  eccentric,  George 
Francis  Train,  in  1872.  He  was  arrested  for 
circulating  obscenity,  which,  it  turned  out,  con- 
sisted of  quotations  from  the  Bible.  Train  and 
his  attorneys  sought  to  have  him  released  upon 
the  ground  that  the  matter  was  not  'obscene,' 
and  demanded  a  decision  on  that  issue.  The 
prosecutor,  in  his  perplexity,  and  in  spite  of  the 
protest  of  the  defendant,  insisted  that  Train 
was  insane.  ...  In  his  autobiography,  Train 
informs  us  that  a  Cleveland  paper  was  seized 
and  destroyed  for  republishing  the  same  Bible 
quotations  which  had  caused  his  own  arrest. 
(Here,  I  think,  Train  must  be  referring  to  the 
conviction  of  John  A.  Lant,  publisher  of  The 
Toledo  Sun.)  Here,  fhen,  was  a  direct  adjudi- 
cation that  parts  of  the  Bible  are  criminally  in- 
decent, and  therefore  unmailable. 

"In  1895  John  B.  Wise,  of  Clay  Center,  Kan- 
sas, was  arrested  for  sending  'obscene'  matter 
through  the  mail,  which  consisted  wholly  of  a 

6  Theodore  Schroeder,  "  'Obscene*  Literature  and  Constitu- 
tional Law,"  New  York,  1911,  pp.  49-50. 


128     PERSONALITY  AND  CONDUCT 

quotation  from  the  Bible.  In  the  United  States 
court,  after  a  contest,  he  was  found  guilty  and 
fined."6 

The  censors  of  literature,  art,  and  the  stage 
in  this  country  are  still  at  work.  In  1913  oc- 
curred the  suppression  in  Chicago  of  the  in- 
nocuous picture  entitled  September  Morn,  be- 
cause it  represented  a  nude  woman.  As  usu- 
ally happens  in  such  cases,  this  picture  received 
in  this  fashion  a  gratuitous  advertisement 
which  gave  it  a  sale  far  greater  than  its  artistic 
merits  would  justify.  In  August,  1916,  a  man 
was  arrested  in  New  York  City  for  selling  a 
well  known  medical  work,  "The  Sexual  Ques- 
tion, ' '  by  August  Forel.7 

Plays  and  moving  pictures  are  constantly 
being  suppressed  by  the  police,  vice  reformers, 
and  other  equally  incompetent  censors.  For  ex- 
ample, some  years  ago  Shaw's  "Mrs.  Warren's 
Profession"  was  suppressed  by  the  police  in 
New  York  City  because  it  deals  with  prostitu- 
tion. Brieux'  "Les  A  varies"  ("Damaged 
Goods")  has  been  suppressed  several  times  in 
this  country  because  it  deals  with  a  venereal 
disease. 

«  Op.  tit.,  pp.  309-310. 

T  See  The  New  York  Evening  Sun,  August  31,  1916.  This 
arrest  was  made  at  the  instance  of  the  successor  of  the  late 
Anthony  Comstock,  who  seems  to  be  trying  to  equal  the  un- 
enviable record  of  his  notorious  predecessor.  At  the  time  of 
the  present  writing  this  man  is  endeavoring  to  suppress  the 
publication  of  a  novel  by  a  well  known  American  author 
(Dreiser's  "The  Genius")  on  the  ground  that  it  is  salacious. 


METHODS  OF  SEX  EEGULATION     129 

In  1913  there  was  exhibited  in  New  York  City 
a  moving  picture  film  which  was  supposed  to 
depict  the  white  slave  traffic.  A  Sunday  school 
moral  was  appended  to  the  end  of  each  part  of 
this  picture  which  made  it  more  of  a  sermon 
than  a  work  of  art.  In  fact,  it  was  too  * l  moral ' ' 
in  the  conventional  sense  to  be  artistic.  Fur- 
thermore, it  grossly  exaggerated  the  extent  of 
the  white  slave  traffic.  But  its  lack  of  artistic 
quality  was  not  sufficient  ground  for  censorship 
or  suppression,  since  art  must  be  judged  by  an 
esthetic  criterion  which  will  always  be  a  matter 
of  opinion.  Nor  could  its  misrepresentation  of 
the  facts  be  a  justifiable  ground  for  suppression 
unless  it  could  be  proved  that  such  misrepre- 
sentation was  intentional  and  injurious  to  indi- 
viduals. 

However,  the  American  Social  Hygiene  As- 
sociation, the  leading  organization  of  vice  re- 
formers in  this  country,  was  shocked  at  the  im- 
morality of  this  film  because  it  dealt  with  an 
immoral  subject,  to  wit,  prostitution.  Conse- 
quently, the  counsel  for  the  Association  secured 
the  prosecution,  indictment,  and  conviction  for 
a  felonious  offense  of  the  hapless  producer  of 
this  moving  picture. 

I  have  not  the  space  to  cite  examples  of  Puri- 
tanical sex  regulation  and  sex  repression  from 
other  countries.  Instances  of  sex  regulation 
and  sex  repression  occur  perhaps  as  often  in 
England  as  in  this  country.  But  they  are  much 


130     PERSONALITY  AND  CONDUCT 

less  frequent  in  most  parts  of  the  European 
continent.8 

RESTRICTIONS   IN   LIBRARIES 

It  is  customary  in  the  libraries  of  this  coun- 
try to  place  restrictions  upon  the  use  of  books 
dealing  with  sex.'  For  example,  in  the  refer- 
ence division  of  the  New  York  Public  Library 
not  only  the  books  ordinarily  called  ""sex 
books,"  but  also  many  other  works,  including 
some  of  the  best  known  psychoanalytic  trea- 
tises,10 are  segregated  in  one  room  under  a  close 
guard.  These  books  are  designated  in  the  cata- 
logue by  a  distinctive  numeral — 6,  are  issued 
only  to  persons  approved  of  by  the  library  au- 
thorities, and  must  be  read  in  the  "cage." 

According  to  the  director  of  this  library,  the 
purpose  of  these  restrictions  is  to  prevent 
"prurient"  individuals  from  reading  these 
books.  The  library  authorities  must  indeed  be 
endowed  with  supernatural  insight  to  be  able 
to  discern  pruriency  or  its  absence  in  the  minds 

«  And  yet  even  liberal  minded  France  has  its  Anthony  Com- 
stock  in  the  person  of  Senator  Ren£  BeYenger.  ( See  his  "Man- 
uel pratique  pour  la  lutte  contre  la  pornographic,"  Paris, 
1907.)  The  best  that  can  be  said  for  him  is  that  he  is  not 
quite  so  vulgar  as  his  American  prototype. 

»  Similar  restrictions  are  to  be  found  in  English  libraries. 
Some  years  ago  Dr.  Havelock  Ellis  informed  me  that  his  scien- 
tific treatises  on  sex  are  kept  under  lock  and  key  in  the  Library 
of  the  British  Museum. 

N>  For  example,  Freud's  "Interpretation  of  Dreams"  and 
Jung's  "Psychology  of  the  Unconscious"  are  on  the  Index 
Expurgatorius  of  the  New  York  Public  Library, 


METHODS  OF  SEX  REGULATION     131 

of  those  who  call  for  these  books !  It  is  greatly 
to  be  deplored  that  the  management  of  this 
magnificent  free  library,  with  its  beautiful 
Pagan  architecture,  should  be  marred  by  these 
ugly  Puritanical  restrictions. 

In  the  library  of  the  New  York  Academy  of 
Medicine,  which  professes  to  be  a  scientific  in- 
stitution, books  on  sex  are  doled  out  one  at  a 
time  only  to  approved  individuals.  According 
to  the  librarian,  this  is  to  prevent  "morbid" 
persons  from  reading  these  books. 

Now  it  is  needless  to  say  that  there  are  mala- 
dies of  sex  just  as  there  are  maladies  of  the 
stomach,  and  that  some  of  those  suffering  from 
sexual  disorders  may  be  injured  by  perusing 
literature  about  sex.  But  to  impose  these  of- 
fensive and  irksome  restrictions  upon  the  pub- 
lic for  this  reason  is  like  clubbing  the  dog  to 
death  in  order  to  kill  a  flea.  A  poisoner  may 
use  a  book  on  drugs  to  help  him  commit  a  mur- 
der, but  that  is  no  reason  for  prohibiting  all 
books  on  drugs.  A  sadist  may  derive  enjoy- 
ment from  reading  an  account  of  a  brutal  act, 
but  that  does  not  justify  the  prohibition  of  all 
historical  works  which  describe  acts  of  cruelty. 

In  fact,  however  useful  an  article  may  be,  it 
is  possible  to  misuse  it.  The  problem  with  re- 
gard to  sex  books,  as  with  regard  to  everything 
else,  is  as  to  whether  or  not  their  abuse  will 
exceed  their  use.  Librarians  are  wont  to  al- 
lege that  they  should  be  used  by  scholars  and 


132     PERSONALITY  AND  CONDUCT 

specialists  on  sex,  but  not  by  the  general  public. 
They  display  much  trepidation  lest,  perchance, 
some  readers  may  derive  enjoyment  from  read- 
ing these  books,  overlooking  the  fact  that  nu- 
merous readers  derive  a  vast  amount  of  sexual 
pleasure  from  reading  many  of  the  books  of  fic- 
tion, poetry,  etc.,  in  the  libraries. 

I  need  not  point  out  again  the  importance  of 
sex  in  the  life  of  mankind.  In  view  of  its  im- 
portance every  human  being  should  have  some 
knowledge  of  its  nature  and  functions.  Conse- 
quently, the  libraries,  instead  of  endeavoring  to 
perpetuate  the  puerile  and  evil  traditions  of 
taboo  and  ignorance,  should  willingly  and 
gladly  furnish  literature  on  sex  to  all  sexually 
mature  persons.  The  libraries  and  schools 
should  become  centers  for  the  dissemination  of 
knowledge  on  this  subject,  as  on  every  other 
important  subject.  And  inasmuch  as  the 
schools  at  present  fail  almost  entirely  to  per- 
form this  function,  it  is  all  the  more  essential 
that  the  libraries  should  do  it  effectively. 

If  this  liberal  and  enlightened  policy  were 
followed,  most  of  the  pruriency  and  morbidity 
which  the  librarians  fear  would  disappear. 
Pruriency  arises  mainly  out  of  ignorance  and 
repression,  and  by  far  the  worst  form  of  pruri- 
ency is  that  of  the  would-be  moralists  who  do 
the  repressing.11  And  if  some  of  the  readers 

n  The  Swiss  pastor-psychoanalyst,  Pfister,  characterizes  these 
moralists  as  follows: — "Fanaticism  over  morality  is  often 


METHODS  OF  SEX  REGULATION    133 

can  derive  enjoyment  from  sex  literature,  so 
much  the  better.  Life  is  dreary  enough  at  best 
for  most  persons  without  destroying  any  more 
sources  of  pleasure. 

There  is  still  another  important  aspect  to  this 
form  of  sex  regulation  which  should  not  be  over- 
looked. One  of  the  most  fundamental  of  hu- 
man rights  is  the  right  to  the  knowledge  which 
is  the  common  heritage  of  mankind.  What 
right  then  have  librarians  and  directors  of 
libraries  to  withhold  the  sources  of  this  knowl- 
edge from  the  public?  Such  restrictions  can 
be  justified  only  in  the  case  of  young  children, 
who  are  easily  recognizable,  and  of  some  of  the 
mentally  incompetent,  such  as  the  insane  and 
the  feebleminded  whose  mental  disabilities  are 
peculiarly  related  to  sex,  most  of  whom  are  al- 
ready under  custodial  care.  So  that  there  is 
no  need  of  a  censorship  in  the  libraries,  and 
such  a  censorship  is  a  gross  insult  to  the  public ; 
while  to  deprive  any  one  of  the  sources  of 
knowledge  is  to  violate  the  above-mentioned 
fundamental  right.  It  would  be  well  if  this 
question  could  be  tested  in  the  courts.  And  if 
the  courts  fail  to  uphold  this  right,  legislation 
should  be  enacted  which  would  safeguard  it. 

In  fact,  these  restrictions  upon  the  dissemi- 
nation of  knowledge  on  this  subject  constitute 

merely  a  refuge  for  weak  voluptuaries  who  are  afraid  of  sinking 
in  the  mire  of  wickedness."  (Oskar  Pfister,  "The  Psycho- 
analytic Method,"  New  York,  1917,  p.  321.) 


134     PERSONALITY  AND  CONDUCT 

another  manifestation  of  the  age-long  taboo 
upon  sex  which  has  arisen  from  the  magical  and 
religious  notion  that  there  is  something  evil  in 
sex  per  se. 


CHAPTER  XI 

THE   EVILS   OF   SEX   EEPEESSION 

LIKE  almost  every  other  part  of  human  na- 
ture, the  sexual  instincts,  feelings,  and  senti- 
ments require  a  certain  amount  of  regulation. 
Such  regulation  is  needed  both  in  the  interest 
of  the  individual  and  in  the  interest  of  society. 

Conflict  arises  in  man's  sexual  nature  as  in 
other  parts  of  his  nature.  The  desire  for  sex- 
ual gratification  often  leads  to  excessive  indul- 
gence which  in  turn  leads  to  a  satiety  which 
dulls  the  capacity  for  further  enjoyment.  Con- 
tinued excessive  indulgence  leads  to  a  perma- 
nent diminution  or  even  a  complete  loss  of 
virility,  and  may  give  rise  to  grave  physiolog- 
ical and  mental  disorders.  Careless  and  inju- 
dicious sexual  indulgence  may  result  in  the  ac- 
quisition of  an  injurious  and  troublesome  dis- 
ease. The  gratification  of  a  passing  sexual 
whim  may  injure  greatly  a  permanent  sexual 
bond  which  is  far  more  satisfactory  in  the  long 
run.  The  play  function  and  the  reproductive 
function  of  sex  are  very  likely  to  conflict  if  they 
are  not  recognized  and  understood  and  adjusted 
to  each  other  in  an  intelligent  manner. 

The  sexual  impulse  is  very  powerful  and  fre- 

135 


136    PERSONALITY  AND  CONDUCT 

quently  becomes  ungovernable.  Drastic  regu- 
latory measures  are  required  to  protect  the  in- 
dividual and  society  against  the  genuine  sex  of- 
fenses enumerated  in  the  preceding  chapter. 
Rape  and  abduction  for  sexual  purposes  should 
be  and  usually  are  grave  crimes.  All  sex  re- 
lations obtained  under  false  pretenses  should 
be  severely  punished.  Sex  relations  between 
persons  closely  related  by  blood  should  be  pro- 
hibited. The  sexually  immature  should  be  pro- 
tected in  their  weakness  and  ignorance.  The 
spread  of  venereal  diseases  should  be  re- 
strained as  far  as  is  feasible. 

But  it  is  the  human  and  social  tendency  to 
go  too  far  in  its  regulation  of  sex  as  in  its  regu- 
lation of  other  parts  of  man's  nature.  Much 
of  the  sex  legislation  which  I  have  noted  is  un- 
wise because  it  is  unenforceable.  Such  legis- 
lation gives  rise  to  disrespect  for  the  law,  po- 
lice and  political  corruption,  and  various  other 
social  evils.  Furthermore,  even  when  sex  legis- 
lation is  enforceable,  it  frequently  furnishes  the 
opportunity  for  criminal  conduct,  such  as  black- 
mail, and  leads  to  various  other  evils. 

INVASIVE   SEX   LEGISLATION 

Sex  legislation  is  usually  too  sumptuary  in 
its  character.  The  sex  life  of  mankind  belongs 
to  the  most  private  and  intimate  part  of  the  life 
of  the  individual.  Consequently,  while  there 
are  several  evils  in  the  sex  life  of  mankind 


THE  EVILS  OF  SEX  REPRESSION     137 

which  it  would  be  desirable  to  prevent,  it  is 
usually  very  dangerous  to  attempt  to  do  so  by 
invading  the  private  life  of  the  individual.  On 
account  of  their  seriously  invasive  character, 
direct  regulatory  measures  almost  invariably 
do  more  harm  than  good.  Sexually  mature 
persons  should  be  left  free  in  the  main  in 
their  sex  life,  and  dependence  should  be  placed 
upon  indirect  measures  for  the  prevention  of 
the  evils  which  arise. 

Most  of  the  sex  legislation  and  much  of  the 
regulation  which  arises  out  of  custom,  public 
opinion,  and  conventional  moral  ideas  leads  to 
an  excessive  and  abnormal  degree  of  sex  re- 
pression. Such  repression  gives  rise  to  nu- 
merous physical  and  mental  ills  which  will  be 
described  presently. 

In  the  preceding  chapter  I  have  cited  the 
"White  Slave  Traffic  Act"  enacted  by  Con- 
gress in  1910.  Under  this  law  many  men  and 
women  have  suffered  the  pain  and  ignominy  of 
prosecution,  conviction,  and  punishment  by  fine 
and  imprisonment  for  acts  which  had  not  the 
remotest  connection  with  the  white  slave  traffic, 
and  which  by  many  intelligent  persons  possess- 
ing high  ethical  standards  would  not  even  be 
regarded  as  immoral.  It  is  an  almost  unparal- 
leled example  in  a  so-called  "free"  country  of 
attempting  to  repress  by  law  what  is  alleged 
to  be  immoral  in  private  life,  and  of  placing  a 
most  dangerous  power  in  the  hands  of  the  fed- 


138    PEESONALITY  AND  CONDUCT 

eral    courts.    This    power   has    already   been 
grossly  misused  by  these  courts. 

But  the  infamies  of  this  law  are  not  limited 
to  the  injury  which  it  does  directly  to  its  vic- 
tims. It  has  perhaps  caused  even  more  harm 
indirectly.  When  the  law  was  enacted  it  was 
obvious  to  every  enlightened  individual  who 
knew  of  it  that  it  was  an  excellent  instrument 
for  the  purposes  of  blackmail.  Subsequent 
events  have  proved  the  truth  of  this  prediction. 
It  is  now  known  that  with  the  aid  of  this  law 
many  of  these  sinister  crimes  have  been  com- 
mitted, and  that  millions  of  dollars  have  been 
secured  in  this  foul  trade.1 

i  A  well  known  American  detective,  W.  J.  Burns,  testifies  to 
this  fact  in  the  following  words: — 

"The  Mann  White  Slave  act  has  been  a  splendid  help  to  the 
crooks;  the  act  was  conceived  with  the  best  of  motives,  but  the 
moment  that  it  became  a  law  the  crooks  saw  the  wonderful 
opportunities  that  it  opened  up  to  them.  They  had  only  to 
cause  their  victim  to  take  one  of  the  female  members  of  their 
gang  over  a  State  line;  the  rest  was  easy."  (Blackmailing 
now  the  Big  American  Crime,  in  The  N.  Y.  Times  Magazine, 
July  23,  1916.) 

Burns  expresses  the  opinion,  that  owing  to  the  European 
war  and  the  profitableness  of  the  crime,  blackmailing  has  be- 
come the  leading  crime  in  this  country: — 

"Blackmail  is  the  big  crime  in  the  United  States  today. 
More  money  is  being  extorted  through  blackmail  than  is  being 
lost  through  thievery.  A  thousand  expert  gangs  collected  hush 
money  from  the  wealthy  during  the  past  year.  The  total  of  the 
sums  which  have  been  paid  runs  into  the  millions  for  the 
prosperous  year  of  1915;  thousands  of  dollars  are  being  paid 
every  day." 

"The  war  has  made  blackmail  unprofitable  in  Europe;  the 
wealthy  Englishmen  and  Frenchmen  who  contributed  to  the 
gangs  of  London,  Paris,  and  Monte  Carlo  are  now  uniformed 


THE  EVILS  OF  SEX  EEPEESSION     139 

At  the  present  time  of  writing  the  police  agen- 
cies of  the  Federal  Government  have  under  ar- 
rest many  of  these  blackmailers  who  have  been 
enabled  to  commit  their  crimes  by  this  law  of 
the  same  government.  (See  The  New  York 
Times,  September  18  and  19, 1916;  and  all  other 
newspapers  of  about  the  same  dates.)  It  has, 
therefore,  been  appropriately  stigmatized  as 
the  ' ' Encouragement  of  Blackmail  Act'*  (Edi- 
torial in  The  New  York  Times,  September  20, 
1916),  and  as  "a  provocative  to  crime"  (Edi- 
torial in  The  New  York  Evening  Sun,  Septem- 
ber 18, 1916). 

The  laws  against  fornication  and  adultery 
are  rarely  ever  enforceable.  The  practise  of 
fornication  is  widespread  in  nearly  every  com- 
munity. So  that  even  if  only  a  comparatively 
small  proportion  of  these  offenders  were  de- 
tected and  imprisoned,  the  jails  and  prisons 
would  be  filled  many  times  over.  In  similar 
fashion,  adultery  is  rarely  ever  punished,  in 
spite  of  the  fact  that  it  often  serves  as  the  basis 
for  a  divorce. 

These  invasive  laws  constitute  grave  viola- 

and  in  the  trenches,  safe  from  the  lures  of  the  sirens ;  and  then 
the  military  governments  make  short  shift  of  those  who  try 
to  get  the  soldiery  into  trouble.  The  general  atmosphere  of 
Europe  being  so  unpleasant  and  so  unprofitable,  many  of  these 
international  blackmailers  have  followed  the  trail  of  prosper- 
ity to  New  York." 

"The  'best'  criminals  in  the  world  are  turning  to  blackmail ; 
they  find  that  it  is  safe,  needs  little  exertion,  and  is  most 
profitable.  It  has  all  the  desirable  features  of  crime." 


140    PERSONALITY  AND  CONDUCT 

tions  of  the  rights  of  the  individual  to  form  sex 
relationships  within  or  outside  of  marriage. 
It  is  to  be  hoped  that  the  criminal  laws  against 
fornication  and  adultery  will  before  long  be 
stricken  forever  from  our  statute  books. 
Adultery  as  a  breach  of  the  marriage  contract 
will  then  become  a  tort  like  the  breach  of  any 
other  civil  contract.  Thus  will  the  religious 
element  be  eliminated  from  marriage,  because 
it  will  no  longer  be  regarded  as  a  sacred  bond 
which  it  is  a  sin  to  break,  but  as  a  mutual  agree- 
ment to  be  adjusted  between  the  parties  con- 
cerned. 

Furthermore,  the  abolition  of  the  law  against 
adultery  will  help  to  remove  the  idea  of  prop- 
erty right  which  still  inheres  to  a  considerable 
extent  in  marriage.  Ferri  has  expressed  this 
thought  eloquently  in  the  following  words: 
"L 'adultere  du  mari  ou  de  la  femme  ne  devrait 
pas  etre  considere  comme  une  atteinte  a  la  pro- 
priete,  mais  comme  une  insupportable  de- 
loyaute. — II  est  absurde  ou  barbare  de  reagir 
violemment  centre  1'homme  ou  la  femme 
adultere:  il  est  humain  de  1'abandonner,  de  re- 
pondre  par  la  separation  a  la  trahison  hypo- 
crite. .  .  .  Mais  ce  qu'il  y  a  de  vil  dans 
1 'adultere,  ce  n'est  pas  1 'atteinte  portee  a  une 
'propriete  individuelle ' :  c'est  la  deloyaute  de 
Pacte,  sa  sournoiserie,  son  hypocrisie.  Fran- 
chement  avoue,  c'est  un  malheur  comme  un 


autre,  ce  n'est  plus  une  action  repugnante."  2 
It  is  well  known  to  every  educated  person 
that  there  is  no  innate  sense  of  modesty.  As  a 
matter  of  fact,  there  is  the  highest  possible  de- 
gree of  variation  in  the  amount  of  clothing 
worn  by  human  beings  in  different  parts  of  the 
world.  Clothing  should  be  regulated  by  cli- 
matic, hygienic,  economic,  and  esthetic  consid- 
erations, and  not  by  moral  dogmas  and  penal 
laws.  There  can  be  no  justification  of  legal 
regulation  of  exposure  of  the  body,  with  the 
possible  exception  of  sexual  exhibitionism. 

The  regulation  of  literature  and  art  by  the 
law  or  by  public  opinion  is  almost  entirely  mis- 
chievous and  harmful.  It  is  the  peculiar  func- 
tion of  scientists  and  artists  to  think  along 
original  lines  and  to  give  new  ideas  to  society 
from  which  the  useful  ones  can  be  selected  and 
applied.  Hence  it  is  dangerous  to  place  re- 
strictions upon  scientists  and  artists  in  the  per- 
formance of  this  valuable  function.3 

2  E.  Ferri,  "Les  criminels  dans  1'art  et  la  litterature,"  Paris, 
1897,  p.  141. 

« The  mental  attitude  and  moral  prejudices  of  the  volun- 
tary censors  in  this  country  are  well  indicated  in  a  pamphlet 
issued  by  the  National  Board  of  Censorship  of  Motion  Pictures. 
("The  Policy  and  Standards  of  the  National  Board  of  Censor- 
ship of  Motion  Pictures,"  New  York,  1914.)  This  Board,  while 
it  has  no  legal  authority,  has  unfortunately  acquired  a  good 
deal  of  control  over  the  moving  picture  films  produced  in  this 
country.  According  to  this  pamphlet,  among  the  numerous 
kinds  of  censoring  performed  by  the  Board  are: — the  suppres- 
sion of  vulgarity  that  "borders  on  immorality  or  indecency," 


142     PERSONALITY  AND  CONDUCT 

Schroeder  calls  attention  to  the  important 
fact  that,  owing  to  the  danger  of  censorship 
and  suppression,  many  useful  books  fail  even 
to  be  published:  "This  then,  is  a  partial 
record  of  useful  things  coming  under  the  ban 
of  our  censorship  of  literature.  Some  other 
books  as  valuable  as  the  best  of  those  which 
have  been  herein  mentioned,  I  cannot  speak  of, 
because  the  authors  and  publishers  prefer  that 
no  mention  should  be  made  of  the  fact.  The 
most  injurious  part  of  this  censorship,  however, 
lies  not  in  the  things  that  have  been  suppressed, 
as  against  the  venturesome  few  who  dare  to  take 
a  chance  on  the  censorship,  but  rather  on  the 
innumerable  books  that  have  remained  unwrit- 
ten because  modest  and  wise  scientists  do  not 
care  to  spend  their  time  in  taking  even  a  little 
chance  of  coming  into  conflict  with  an  uncertain 
statute,  arbitrarily  administered  by  laymen  to 
the  medical  profession,  in  which  profession  are 
many  not  over-wise  and  sometimes  fanatical 
zealots  in  the  interest  of  that  asceticism  which 
is  the  crowning  evil  of  the  theology  of  sex."  4 

the  curtailment  of  prolonged  passionate  love  scenes,  the  prohibi- 
tion of  "insufficient"  and  "suggestive"  clothing,  the  censoring 
of  infidelity  and  sex  problem  plays  in  criticizing  which  the 
Board  insists  that  "the  recognized  standards  of  sex  morality 
be  upheld,"  the  censoring  of  plays  dealing  with  prostitution, 
etc. 

It  may,  however,  be  said  in  behalf  of  the  Board  that  there 
is  some  justification  for  the  way  in  which  it  censors  pictures 
which  are  suggestive  of  and  may  incite  to  crimes. 

*  T.  Schroeder,  "  'Obscene'  Literature  and  Constitutional 
Law,"  New  York,  1911,  p.  73. 


THE  EVILS  OF  SEX  KEPEESSION     143 


PATHOLOGICAL   RESULTS   FROM   SEX   REPRESSION 

The  evil  results  from  the  contemporary  ex- 
cessive sex  repression  and  regulation  are  to  be 
witnessed  on  every  hand.  Excessive  sex  re- 
pression leads  to  both  the  extremes  of  sexual 
abnormality,  namely,  erotophobia  and  erotoma- 
nia. The  fear  of  sex  which  is  likely  to  be 
aroused  by  the  ideas  and  beliefs  which  underly 
such  repression  leads  to  sexual  frigidity  and 
various  psychiatric  diseases,  such  as  hysteria, 
psychasthenia,  certain  forms  of  insanity,  etc. 
These  erotophobic  results  of  sex  repression  are 
perhaps  more  frequent  among  women  than 
among  men  for  physiological  as  well  as  social 
reasons,  because  sex  plays  a  more  important 
part  in  the  physiology  of  women. 

On  the  other  hand,  excessive  sex  repression 
drives  many  persons  to  the  other  extreme.  If 
unusual  difficulties  are  placed  in  the  way  of  the 
satisfaction  of  sexual  desires,  these  desires  may 
become  irritated  and  accentuated  to  a  high  de- 
gree, and  an  abnormal  interest  in  sex  may  be 
aroused.  The  gravest  manifestations  of  this 
erotomania  are  in  the  forms  of  rape,  abduction, 
seduction,  various  sexual  perversions,  etc.  Its 
milder  manifestations  are  in  the  forms  of  por- 
nographic art  and  literature,  undue  emphasis 
upon  sex  in  literature  and  art,  the  exaggerated 
role  played  by  sex  upon  the  stage,  etc.  All  of 
these  pathological  manifestations  are  indica- 


144    PERSONALITY  AND  CONDUCT 

tions  of  suppressed  sexual  desires  struggling 
to  express  and  gratify  themselves.  Indeed,  the 
somewhat  hectic  quality  of  our  modern  civiliza- 
tion is  undoubtedly  due  in  part  to  excessive  sex 
repression.  So  that  the  ascetics,  prudes,  vice 
crusaders,  and  all  other  persons  with  prurient 
minds  who  are  zealously  engaged  in  trying  to 
suppress  these  manifestations  of  sex  are  them- 
selves to  blame  for  them  at  least  in  part.5  The 
only  effective  preventive  of  both  erotophobic 
and  erotomanic  manifestations  is  a  satisfactory 
sex  life  for  all  human  beings. 

These  psychiatric  conditions  will  inevitably 
give  rise  to  physiological  injury.  When  the  re- 
pression of  the  sexual  instincts  and  feelings  re- 
sults in  insanity  or  a  neurotic  state,  it  is  evi- 
dent that  a  pathological  condition  of  the  nerv- 
ous system  has  arisen.  Furthermore,  this 
neural  pathological  condition  is  almost  certain 
to  be  accompanied  by  or  to  give  rise  to  other 
physiological  disturbances,  such  as  disturb- 
ances of  digestion,  of  circulation,  etc.  And 
even  when  the  repression  of  the  sexual  instincts 
and  feelings  results  merely  in  mental  complexes 
which  harass  the  victim  of  the  sex  repression, 
these  complexes  are  sure  to  give  rise  to  a  physi- 
ological strain  which  decreases  at  least  to  a 

B  In  the  last  sentence  I  have  used  the  adjective  "prurient" 
advisedly,  for  there  is  plenty  of  psychological  evidence  that  the 
persecution  mania  of  the  vice  crusader  arises  largely  if  not 
entirely  out  of  his  own  unconsciously  suppressed  sexual  desires. 


THE  EVILS  OF  SEX  REPRESSION     145 

slight  extent  the  physical  efficiency  of  the  indi- 
vidual. 

So  that  total  or  long  continued  sexual  absti- 
nence, while  it  will  not  ordinarily  make  a  per- 
son of  average  strength  and  health  ill,  or  even 
have  an  appreciable  harmful  effect  upon  the 
sexual  organs,  is  certain  to  cause  at  least  a 
small  amount  of  physical  and  mental  injury  by 
its  disturbing  influence  upon  the  physiological 
state  of  the  individual.  The  ideal  sexual  re- 
gime is  a  continent  use  of  sexual  intercourse 
without  going  to  the  extreme  of  incontinence, 
which  unquestionably  is  harmful  to  every  one. 

There  can  be  no  universal  rule  as  to  the  de- 
sirable frequency  of  sexual  intercourse,  since 
this  depends  upon  the  circumstances  and  pe- 
culiar traits  of  the  individual.  Furthermore,  it 
must  be  remembered  that  the  distinction  be- 
tween continent  and  incontinent  sexual  inter- 
course is  biological  and  mental  and  not  legal 
and  moral,  so  that  the  circumstance  of  whether 
or  not  the  sexual  intercourse  is  within  or  out- 
side of  marriage  is  immaterial  and  inconsequen- 
tial with  respect  to  the  question  of  whether  it 
is  continent  or  incontinent. 

Among  the  worst  pathological  results  from 
an  excessive  degree  of  sexual  abstinence  are 
the  sexual  variations  or  aberrations,  popularly 
known  as  perversions.  These  aberrations  usu- 
ally arise  by  means  of  the  sexual  impulse  be- 


146    PERSONALITY  AND  CONDUCT 

coming  directed  towards  objects  other  than  the 
normal  object  because  the  normal  object  is  not 
available,  though  in  some  cases  they  arise  as  a 
result  of  excessive  sexual  indulgence.  These 
aberrations  replace  or  displace  the  normal 
heterosexual  relation.  They  include  homosex- 
uality in  which  the  sexual  impulse  is  directed 
towards  individuals  of  the  same  sex,  pederasty 
in  which  it  is  directed  towards  the  sexually  im- 
mature, bestiality  in  which  it  is  directed  to- 
wards animals,  and  sexual  fetishism  in  which 
it  is  directed  towards  inanimate  objects.  Ow- 
ing to  the  enforced  and  long  continued  absti- 
nence, prison  life  furnishes  numerous  highly 
developed  examples  of  these  sexual  aberra- 
tions.6 

•  It  is  strange  indeed  how  few  references  are  made  to  this 
important  phase  of  prison  life  in  criminological  literature. 
This  is  doubtless  due  in  part  to  prudishness,  as  well  as  to  a 
failure  to  appreciate  its  significance.  Even  those  who  have 
described  their  own  prison  life  have  failed  to  describe  this  fea- 
ture of  prison  life.  This  is  probably  due  in  part  to  prudish- 
ness,  but  also  to  prudential  considerations.  A  notable  excep- 
tion is  the  anarchist  Berkman  who  spent  fourteen  years  (1892- 
1906)  in  the  Western  State  Penitentiary  of  Pennsylvania  near 
Pittsburgh  for  attempting  to  kill  Henry  C.  Frick.  This  prison 
is  conducted  in  the  main  upon  the  principle  of  solitary  con- 
finement, which  is  pecxiliarly  prone  to  develop  these  sexual 
abnormalities.  According  to  his  graphic  account  the  admin- 
istration of  this  prison  was  brutal  in  the  extreme. 

Berkman  devotes  three  chapters  of  his  prison  memoirs  to  the 
development  of  sexual  abnormalities  in  prison,  namely,  Chap- 
ter XV  on  "The  Urge  of  Sex,"  Chapter  XXVII  on  "Love's 
Dungeon  Flower,"  and  Chapter  XLIII  on  "Passing  the  Love  of 
Woman."  The  last  is  especially  important  since  it  describes 
the  evolution  of  homosexuality  in  prison.  (Alexander  Berk- 
man, "Prison  Memoirs  of  an  Anarchist,"  New  York,  1912.) 


THE  EVILS  OF  SEX  EEPEESSION     147 

Sexual  abstinence  results  much  more  fre- 
quently in  auto-erotism  in  the  form  of  mastur- 
bation. Probably  in  most  of  these  cases  the  de- 
gree of  auto-erotism  is  comparatively  slight 

I  will  quote  from  Berkman's  account  of  a  conversation  he 
bad  with  an  unusually  intelligent  prisoner  who  had  spent 
many  years  in  prisons  and  who  had  passed  through  the  usual 
stages  of  sexual  abnormality.  This  prisoner  gives  a  vivid  de- 
scription of  these  stages: — 

"Well,  the  first  is  the  dejection  stage.  Hopeless  and  de- 
spondent, you  seek  forgetfulness  in  onanism.  You  don't 
care  what  happens.  It's  -/hat  I  might  call  mechanical  self- 
abuse,  not  induced  by  actual  sex  desire.  This  stage  passes 
with  your  dejection,  as  soon  as  you  begin  to  take  an  interest 
in  the  new  life,  as  all  of  us  are  forced  to  do,  before  long. 
The  second  stage  is  the  psychic  and  mental.  It  is  not  the 
result  of  dejection.  With  the  gradual  adaptation  to  the  new 
conditions,  a  comparatively  normal  life  begins,  manifesting 
sexual  desires.  At  this  stage  your  self-abuse  is  induced  by 
actual  need.  It  is  the  more  dangerous  phase,  because  the 
frequency  of  the  practice  grows  with  the  recurring  thought  of 
home,  your  wife  or  sweetheart.  While  the  first  was  mechanical, 
giving  no  special  pleasure,  and  resulting  only  in  increasing 
lassitude,  the  second  stage  revolves  about  the  charms  of  some 
loved  woman,  or  one  desired,  and  affords  intense  joy.  Therein 
is  its  allurement  and  danger;  and  that's  why  the  habit  gains 
in  strength.  The  more  miserable  the  life,  the  more  frequently 
you  will  fall  back  upon  your  sole  source  of  pleasure.  Many 
become  helpless  victims.  I  have  noticed  that  prisoners  of  lower 
intelligence  are  the  worst  in  this  respect.  .  .  . 

"About  homosexuality.  I  have  spoken  of  the  second  phase 
of  onanism.  With  a  strong  effort  I  overcame  it.  Not  entirely, 
of  course.  But  I  have  succeeded  in  regulating  the  practice, 
indulging  in  it  at  certain  intervals.  But  as  the  months  and 
years  passed,  my  emotions  manifested  themselves.  It  was  like 
a  psychic  awakening.  The  desire  to  love  something  was  strong 
upon  me.  Once  I  caught  a  little  mouse  in  my  cell,  and  tamed 
it  a  bit.  It  would  eat  out  of  my  hand,  and  come  around  at 
meal  times,  and  by  and  by  would  stay  all  evening  to  play 
with  me.  I  learned  to  love  it.  Honestly,  Aleck,  I  cried  when 
it  died.  And  then,  for  a  long  time,  I  felt  as  if  there  was  a 
void  in  my  heart.  I  wanted  something  to  love.  It  just  swept 


148    PERSONALITY  AND  CONDUCT 

and  the  masturbation  causes  little  if  any  in- 
jury. But  in  some  cases  the  tendency  to  mas- 
turbate is  indulged  to  an  excessive  extent  and 
does  much  harm.  In  a  few  of  these  cases  it 
leads  to  sexual  exhibitionism. 

me  with  a  wild  craving  for  affection.  Somehow  the  thought 
of  woman  gradually  faded  from  my  mind.  When  I  saw  my 
wife,  it  was  just  like  a  dear  friend.  But  I  didn't  feel  toward 
her  sexually.  One  day,  as  I  was  passing  in  the  hall,  I  noticed 
a  young  boy.  He  had  been  in  only  a  short  time,  and  he  was 
rosy-cheeked,  with  a  smooth  little  face  and  sweet  lips — he 
reminded  me  of  a  girl  I  used  to  court  before  I  was  married. 
After  that  I  frequently  surprised  myself  thinking  of  the  lad. 
I  felt  no  desire  toward  him  except  just  to  know  him  and 
get  friendly.  ...  I  did  not  realize  it  at  the  time,  Aleck,  but 
I  know  now  that  I  was  simply  in  love  with  the  boy;  wildly, 
madly  in  love.  It  came  very  gradually.  For  two  years  I  loved 
him  withoiit  the  least  taint  of  sex  desire.  It  was  the  purest 
affection  I  ever  felt  in  my  life.  It  was  all  absorbing,  and  I 
would  have  sacrificed  my  life  for  him  if  he  had  asked  it.  But 
by  degrees  the  psychic  stage  began  to  manifest  all  the  expres- 
sions of  love  between  the  opposite  sexes.  I  remember  the  first 
time  he  kissed  me.  It  was  early  in  the  morning;  only  the 
range-men  were  out,  and  I  stole  up  to  his  cell  to  give  him  a 
delicacy.  He  put  both  hands  between  the  bars,  and  pressed 
his  lips  to  mine.  Aleck,  I  tell  you,  never  in  my  life  had  I 
experienced  such  bliss  as  at  that  moment.  It's  five  years  ago, 
but  it  thrills  me  every  time  I  think  of  it.  It  came  suddenly: 
I  didn't  expect  it.  It  was  entirely  spontaneous:  our  eyes  met, 
and  it  seemed  as  if  something  drew  us  together.  He  told  me 
he  was  very  fond  of  me.  From  then  on  we  became  lovers.  I 
used  to  neglect  my  work,  and  risk  great  danger  to  get  a 
chance  to  kiss  and  embrace  him.  I  grew  terribly  jealous,  too, 
though  I  had  no  cause.  I  passed  through  every  phase  of  a 
passionate  love.  With  this  difference,  though — I  felt  a  touch 
of  the  old  disgust  at  the  thought  of  the  actual  eex  contact. 
That  I  didn't  do.  It  seemed  to  me  a  desecration  of  the  boy, 
and  of  my  love  for  him.  But  after  a  while  that  feeling  also 
wore  off,  and  I  desired  sexual  relation  with  him."  (Alexander 
Berkman,  "Prison  Memoirs  of  an  Anarchist,"  New  York,  1912, 
pp.  435-439.) 


THE  EVILS  OF  SEX  REPRESSION     149 

But  probably  the  most  widespread  evil  result 
from  sexual  abstinence  is  psychic  sexual  impo- 
tence. The  ability  to  have  normal  and  satisfac- 
tory sex  relations  diminishes,  though  there  is 
not  necessarily  any  decrease  in  the  ability  to 
procreate.  In  other  words,  there  develops 
impotentia  cceundi,  but  not  impotentia  gener- 
andiJ  Sexual  impotence  means  a  decrease  in 
the  virility  and  therefore  the  vigor  of  mankind. 
It  injures  greatly  the  play  function  of  sex.  In 
all  probability  it  is  the  most  harmful  social 
evil  arising  from  sexual  abstinence. 

SEX  REPRESSION  OPPOSED  TO  THE  IDEAL 
SEX  RELATION 

The  prevailing  moral  ideas  and  forms  of  so- 
cial control  do  not  promote  the  best  type  of  sex 
relationship.  It  is  evident  that  this  relation 
among  human  beings  exists  for  the  purpose  of 
fulfilling  the  play  function  of  sex,  which  can  be 
attained  only  by  suitable  sexual  mating,  and  for 
the  purpose  of  reproduction. 

Religion,  and  especially  Christianity  through 
its  baneful  ascetic  influence,  has  by  making  mar- 
riage a  sacrament  shifted  the  emphasis  from  the 
sex  relation  as  a  natural  union,  to  be  judged  and 
regulated  according  to  the  compatibility  of  the 
parties  to  the  union  for  fulfilling  these  func- 
tions of  sex,  to  a  mystical  and  mythical  rela- 

7  See  W.  J.  Robinson,  Our  Sexual  Misery,  in  The  Medical 
Critic  and  Guide,  August,  1917,  pp.  285-297. 


150    PERSONALITY  AND  CONDUCT 

tion.  And  even  the  secular  conception  of  mar- 
riage has  altogether  too  frequently  regarded  it 
as  an  artificial  product  of  the  law,  instead  of  a 
biological,  psychological,  and  social  phenome- 
non which  exists  prior  to  law,  and  which  is 
simply  registered  and  officially  recognized  by 
the  law  like  all  other  civil  contracts. 

One  of  the  worst  results  from  the  conven- 
tional conception  of  marriage  is  that  it  fosters 
the  profoundly  erroneous  notion  that  there  is 
an  intrinsic  difference  between  sexual  inter- 
course within  and  outside  of  wedlock.  Extra- 
matrimonial  sex  relations  are  stigmatized  as 
lewd  and  incontinent  as  contrasted  with  matri- 
monial relations  which  are  supposed  to  be  pure 
and  continent  per  se.  It  is  obvious  that  biolog- 
ically there  could  be  no  such  intrinsic  difference. 

As  a  matter  of  fact,  there  is  vastly  more  in- 
continence within  marriage  than  there  is  out- 
side of  it,  and  the  average  unmarried  person 
is  far  more  continent  than  the  average  married 
person.  Furthermore,  it  frequently  happens 
that  extra-matrimonial  sex  relations  are  purer 
than  most  matrimonial  relations  in  the  only  true 
meaning  of  sex  purity,  namely,  as  a  sponta- 
neous gratification  of  erotic  desires  and  expres- 
sion of  genuine  personal  feelings.  It  is  infi- 
nitely more  important  for  the  normal  and 
healthy  sex  life  of  mankind  that  such  sponta- 
neous sex  relations  should  be  encouraged  than 


that  the  prevailing  type  of  conventional  mar- 
riage should  be  preserved. 

PROHIBITION    OF   BIRTH   CONTROL 

As  I  have  already  stated  in  Chapter  IX,  the 
ascetic  denial  of  the  play  function  of  sex  has  en- 
throned the  dogma  of  sexual  intercourse  solely 
for  the  purpose  of  reproduction,  and  has  re- 
sulted in  the  legal  prohibition  of  abortion  and 
contraceptive  measures  as  methods  of  control- 
ling procreation.  This  religious  dogma  has 
been  reenforced  and  mightily  strengthened  by 
capitalistic  and  militaristic  interests  which 
have  desired  cheap  labor  and  human  food  for 
cannon.  It  must  be  replaced  by  the  humane 
and  social  doctrine  that  reproduction  is  pri- 
marily a  matter  of  choice  for  the  individual 
parents,  and  that  unwilling  or  unexpected  pro- 
creation is  inhuman  and  anti-social. 

It  is  possible  that  the  opposition  to  the  use  of 
birth  control  methods  has  a  slight  biological 
basis  in  an  unconscious  desire  for  parenthood 
universal  in  mankind.  This  desire  doubtless 
has  great  social  value  and  should  be  cultivated. 
In  an  ideal  society  every  individual  would  have 
the  opportunity  to  gratify  this  desire.  But  un- 
der actual  conditions  parenthood  is  frequently 
a  burden  and  an  evil,  and  under  such  conditions 
it  is  a  grave  injustice  to  the  offspring  to  permit 
them  to  come  into  the  world. 


152    PERSONALITY  AND  CONDUCT 

As  soon  as  contraceptive  methods  can  be  used 
freely,  unwilling  and  unexpected  pregnancies 
will  become  rare,  so  that  abortion  will  become 
rarely  necessary.  Thus  will  be  obviated  this 
operation  which  is  so  frequently  made  neces- 
sary today  by  the  stupid  and  brutal  prohibition 
of  contraceptive  measures,  an  excellent  instance 
of  how  one  criminal  law  may  be  responsible  for 
violations  of  another  law.  The  disappearance 
of  abortion  will  be  a  great  boon,  because  this 
operation  is  physically  dangerous  to  the  woman 
and  shocking  to  her  maternal  instincts  and  feel- 
ings. Furthermore,  it  is  offensive  and  ob- 
noxious to  the  deeply  rooted  sentiment  of  the 
supreme  value  of  human  life  which  is  more  or 
less  widespread  in  society. 

It  would  be  an  insult  to  the  readers  of  this 
book  to  assume  that  they  are  not  acquainted 
with  the  vast  social  and  moral  importance  of 
the  problem  of  population.8  Birth  control 
measures  are  directed  towards  regulating  the 
growth  of  population  intelligently.  To  attempt 
to  prevent  the  use  of  these  measures  by  penal 
restrictions,  and  to  repress  the  free  discussion 
of  such  measures  is  an  exhibition  of  crass  stu- 
pidity which  is  fraught  with  a  vast  amount  of 
injury  to  society. 

The  only  social  regulation  of  reproduction 
which  is  justifiable  at  the  present  time  is  the 

s  I  have  discussed  the  problem  of  population  at  considerable 
length  in  my  "Poverty  and  Social  Progress,"  New  York,  1916. 


THE  EVILS  OF  SEX  REPRESSION     153 

prohibition  of  reproduction  for  a  few  congeni- 
tally  abnormal  types.  If  the  time  ever  comes 
when  the  world  reaches  absolute  over-popula- 
tion, it  may  become  necessary  to  place  a  gen- 
eral check  upon  reproduction.  But  such  a  time 
is  far  distant  in  the  future,  and  probably  will 
never  come. 


CHAPTER  XII 

THE   DOUBLE   STANDAKD   OF   SEX   FREEDOM 

ONE  of  the  most  striking  features  of  the  sex 
life  of  mankind  is  the  double  standard  of  sex 
freedom.  This  standard  discriminates  against 
woman  and  in  favor  of  man  by  giving  man  more 
freedom  in  his  sex  relations.  In  civilized  so- 
ciety the  same  moral  regulations  with  respect 
to  sex  exist  in  theory  for  both  sexes.  But  in 
practise  transgressions  of  these  regulations  by 
man  are  usually  readily  condoned,  while  similar 
transgressions  by  woman  are  severely  repre- 
hended. 

The  existence  of  the  double  standard  is  gen- 
erally recognized.  Furthermore,  it  is  almost 
invariably  bitterly  denounced  by  religionists 
and  professional  moralists.  But  few  if  any  at- 
tempts have  been  made  to  explain  it.  So  far 
as  I  am  able  to  discover  after  an  extensive  re- 
search, no  adequate  analysis  of  the  origin  and 
causes  of  the  double  standard  of  sex  freedom 
has  ever  been  made.  This  singular  state  of 
affairs  is  probably  due  to  the  fact  that  most 
writers  have  been  prevented  by  religious  preju- 
dices and  a  moral  bias  from  discussing  the  sub- 
ject impartially.  And  yet  it  is  obviously  im- 

154 


THE  DOUBLE  STANDAED         155 

possible  to  appraize  the  double  standard  cor- 
rectly without  an  understanding  of  its  origin 
and  causes. 

This  double  standard  is  by  no  means  a  new 
feature  of  the  life  of  mankind.  On  the  con- 
trary, among  many  savage  and  barbarous  peo- 
ples the  male  sex  has  had  more  freedom  in  its 
sex  relations  than  the  female  sex.  Promiscuity 
before  marriage  has  frequently  been  permitted 
for  both  sexes  or  for  the  male  sex  alone,  but  has 
been  prohibited  after  marriage  for  both  sexes 
or  for  the  female  alone.  Or  promiscuity  has 
been  forbidden  before  marriage  for  both  sexes 
or  for  the  female  alone,  but  has  been  per- 
mitted after  marriage  for  both  sexes  or  for 
the  male  alone.  There  has  apparently  been 
more  freedom  on  the  whole  for  the  male 
than  for  the  female.  Barely  ever  has  there 
been  more  freedom  for  the  female.  This  may 
have  happened  in  a  few  cases  under  polyandry. 
But  polyandry  has  been  very  rare,  while  po- 
lygyny has  been  much  more  frequent. 

There  is,  however,  an  important  distinction 
between  the  moral  status  of  the  double  standard 
of  sex  freedom  in  savage  and  barbarous  society 
and  in  civilized  society.  The  double  standard 
has  usually  been  recognized  and  approved  by 
savage  and  barbarous  moral  codes,  while  it  has 
almost  invariably  been  denounced  by  the  con- 
ventional civilized  codes.  Consequently,  the 
double  standard  has  been  applied  more  frankly 


156     PERSONALITY  AND  CONDUCT 

and  openly  among  savage  and  barbarous  peo- 
ples than  in  civilized  society. 

THE  EVOLUTION   OP   THE   DOUBLE   STANDARD 

The  fundamental  factor  in  creating  the  double 
standard  of  sex  freedom  is  the  physiological 
dissimilarity  of  the  sexes  which  gives  rise  to 
the  difference  in  the  roles  of  the  sexes  in  repro- 
duction. It  was  to  be  expected  that  as  soon  as 
mankind  discovered  the  connection  between  sex- 
ual intercourse  and  reproduction,  sex  relations 
would  be  regulated  for  the  purpose  of  control- 
ling reproduction.  It  is  strange  indeed  that 
this  obvious  fact  has  been  ignored  in  most  dis- 
cussions of  this  subject. 

The  purpose  of  controlling  reproduction  has 
sometimes  been  to  restrain  too  rapid  a  growth 
of  population,  but  usually  to  compel  reproduc- 
tion within  the  forms  and  in  the  manner  pre- 
scribed by  society.  In  other  words,  the  main 
purpose  of  such  regulation  has  been  to  compel 
reproduction  within  marriage,  thus  discourag- 
ing bastardy. 

Inasmuch  as  sexual  intercourse  involves  the 
risk  of  pregnancy  for  woman,  and  as  procrea- 
tion has  a  much  greater  effect  upon  woman  and 
is  much  more  dangerous  for  her  than  for  man, 
these  regulations  would  inevitably  have  a  more 
drastic  effect  upon  her  than  upon  him.1  Such 

i  Sumner  refers  very  briefly  and  rather  vaguely  to  the  in- 
fluence of  the  physiological  differences  between  the  sexes  in  the 
following  words: — 


THE  DOUBLE  STANDARD         157 

regulation  has,  therefore,  been  partly  for  the 
protection  of  woman  herself,  as  well  as  for  the 
control  of  reproduction. 

Male  sexual  jealousy  has  probably  been  an- 
other important  factor  for  the  double  standard 
of  sex  freedom.  In  fact,  it  is  possible  that  this 
factor  gave  rise  to  a  double  standard  before  the 
connection  between  sexual  intercourse  and  re- 
production was  discovered  by  man.  Some 
writers  have  believed  that  jealousy  developed 
from  the  sense  of  ownership  which  may  have 
originated  after  the  discovery  of  the  connec- 
tion between  sexual  intercourse  and  reproduc- 
tion.2 However,  psychology  seems  to  indicate 
that  sexual  jealousy  is  a  more  or  less  powerful 
emotion  innate  in  man.  Consequently,  it  doubt- 
less began  very  early  in  the  life  of  mankind  to 
lead  men  to  monopolize  women  and  to  restrict 
them  from  free  sex  relations.  But  the  sense  of 
ownership  which  was  gradually  acquired  re- 
acted upon  the  primal  emotion  of  jealousy  and 
enhanced  its  strength. 

Male  sexual  jealousy  doubtless  furnished  man 

"Woman  bears  an  unequal  share  of  the  responsibilities  and 
duties  of  sex  and  reproduction  just  as  man  bears  an  unequal 
share  of  the  responsibilities  and  duties  of  property,  war,  and 
polities.  The  reasons  are  in  ultimate  physiological  facts  by 
virtue  of  which  one  is  a  woman  and  the  other  is  a  man."  (W. 
G.  Sumner,  "Folkways,"  Boston,  1907,  p.  362.) 

2  Hartland  expresses  this  view  when  he  says  that  "the  sense 
of  ownership  has  been  the  seed-plot  of  jealousy."  (E.  S. 
Hartland,  "Primitive  Paternity,"  London,  1910,  Vol.  II,  pp. 
102-103.) 


158    PERSONALITY  AND  CONDUCT 

a  powerful  incentive  for  restricting  woman  in 
addition  to  the  economic  reasons  for  subjugat- 
ing her.  He  was  aided  in  attaining  this  end 
by  his  superior  physical  strength  and  by  the 
helplessness  of  woman  during  child  bearing 
and  child  rearing.3  Some  writers  also  allege 
that  he  was  aided  by  a  mental  superiority  over 
woman.  But  this  is  a  moot  question  which  we 
need  not  discuss  here. 

In  barbaric  society  there  developed  the  pa- 
triarchal system  which  subjected  woman  more 
or  less  effectually  to  man.  Mrs.  Gallichan  at- 
tributes the  double  standard  of  sex  freedom 
largely  if  not  entirely  to  the  subjugation  of 
woman  under  the  patriarchal  system: — "Sex- 
ual penalties  for  women  are  always  found  under 
a  strict  patriarchal  regime.  The  white  flower 
of  chastity,  when  enforced  upon  one  sex  by  the 
other  sex,  has  its  roots  in  the  degradation  of 
marriage.  Men  find  a  way  to  escape;  women, 
bound  in  the  coils,  stay  and  waste.  There  is 
no  escaping  from  the  truth — wherever  women 
are  in  subjection  it  is  there  that  the  idols  of 
purity  and  chastity  are  set  up  for  worship."* 

8  A  rather  unusual  explanation  of  male  dominance  is  to  the 
effect  that  it  is  due  to  the  ascendancy  of  man  in  phallic  wor- 
ship, owing  to  the  fact  that  he  possesses  visible  sexual  organs, 
and  to  the  relative  position  habitually  assumed  by  men  and 
women  in  coitus.  (T.  Schroeder,  Psycho-Genetics  of  Andro- 
cratic Evolution,  in  the  Psychoanalytic  Review,  Vol.  II,  No.  3, 
July,  1915,  pp.  277-285.) 

*  Catherine  Uasquoine  Hartley  Gallichan,  "The  Truth  about 
Woman,"  London,  1913,  p.  226. 


THE  DOUBLE  STANDARD         159 

But  the  factors  I  have  already  described  in- 
dicate that  the  double  standard  probably  ante- 
dated the  patriarchal  system.  The  physiologi- 
cal differences  between  the  sexes  and  male  sex- 
ual jealousy  must  have  brought  the  double 
standard  into  existence  before  the  patriarchal 
system  originated.  The  patriarchal  system, 
however,  doubtless  strengthened  greatly  the 
double  standard  of  sex  freedom,  because  woman 
had  now  become  practically  a  chattel  of  man. 

While  the  patriarchal  system  has  disappeared 
in  the  main  from  civilized  society,  the  economic 
dependence  of  woman  which  formed  an  impor- 
tant part  of  it  still  remains  to  a  large  extent. 
In  recent  times  woman  has  gained  a  certain 
amount  of  economic  independence.  But  this 
development  has  not  progressed  far  enough  to 
give  her  complete  freedom  in  marriage.  So 
that  marriage  has  not  yet  attained  the  ideal  of  a 
free  contractual  relation  which  existed  for  a 
time  in  ancient  Rome  and  which  is  re-appearing 
in  modern  civilization.  Westermarek  has  de- 
scribed this  episode  in  Roman  history  as  fol- 
lows : — 

"In  Rome,  in  ancient  times,  the  power  which 
the  father  possessed  over  his  daughter  was  gen- 
erally, if  not  always,  by  marriage  transferred 
to  the  husband.  When  marrying  a  woman 
passed  in  manum  viri,  as  a  wife  she  was  film 
loco,  that  is,  in  law  she  was  her  husband's 
daughter.  .  .  .  Gradually,  however,  marriage 


160     PERSONALITY  AND  CONDUCT 

with  manus  fell  into  disuse,  and  was,  under  the 
Empire,  generally  superseded  by  marriage  with- 
out manus,  a  form  of  wedlock  which  conferred 
on  the  husband  hardly  any  authority  at  all  over 
his  wife.  Instead  of  passing  into  his  power, 
she  remained  in  the  power  of  her  father;  and 
since  the  tendency  of  the  later  law,  as  we  have 
seen,  was  to  reduce  the  old  patria  potestas  to  a 
nullity,  she  became  practically  independent. 

1 '  This  remarkable  liberty  granted  to  married 
women,  however,  was  only  a  passing  incident 
in  the  history  of  the  family  in  Europe.  From 
the  very  first  Christianity  tended  to  narrow  it. 
.  .  .  And  this  tendency  was  in  a  formidable  de- 
gree supported  by  Teutonic  custom  and  law. 
Among  the  Teutons  a  husband's  authority  over 
his  wife  was  the  same  as  a  father's  over  his 
unmarried  daughter.  This  power,  which  under 
certain  circumstances  gave  the  husband  the 
right  to  kill,  sell,  or  repudiate  his  wife,  undoubt- 
edly contained  much  more  than  the  Church 
could  approve  of,  and  so  far  she  has  helped  to 
ameliorate  the  condition  of  married  women  in 
Teutonic  countries.  But  at  the  same  time  the 
Church  is  largely  responsible  for  those  heavy 
disabilities  with  regard  to  personal  liberty,  as 
well  as  with  regard  to  property,  from  which 
they  have  suffered  up  to  recent  times."5 

8  E.  Westermarck,  "The  Origin  and  Development  of  the  Moral 
Ideas,"  London,  1906,  Vol.  T,  pp.  652-4. 

There  is  evidence  that  women  attained  and  possessed  for  a 


THE  DOUBLE  STANDARD         161 

ASCETICISM 

Christianity  by  making  marriage  a  sacrament 
and  by  opposing  divorce  has  endeavored  to 
fetter  woman  in  marriage,  and  her  economic 
dependence  has  enabled  this  religion  to  succeed 
in  a  large  measure.  By  so  doing  Christianity 
has  caused  women  an  untold  amount  of  unhap- 
piness.  It  should  also  be  remembered  that 
it  has  caused  many  men  a  vast  amount  of 
misery,  because  the  bonds  of  marriage  have  in 
many  cases  been  irksome  to  men  as  well  as  to 
women. 

The  Christian  attitude  towards  sex  is  an  illus- 
tration of  certain  magical  and  religious  ideas 
with  respect  to  sex.  Sexual  phenomena  have 
always  been  more  or  less  mysterious  to  man, 
especially  to  primitive  man.  Consequently,  he 
has  viewed  them  with  mingled  feelings.  While 

time  a  similar  freedom  in  Babylon  and  ancient  Egypt,  as  is 
pointed  out  by  Havelock  Ellis  in  the  following  words: — 

"Nothing  is  more  certain  than  that  the  status  of  women  in 
Rome  rose  with  the  rise  of  civilisation  exactly  in  the  same  way 
as  in  Babylon  and  in  Egypt.  In  the  case  of  Rome,  however, 
the  growing  refinement  of  civilisation  and  the  expansion  of 
the  Empire  were  associated  with  the  magnificent  development 
of  the  system  of  Roman  law,  which  in  its  final  forms  conse- 
crated the  position  of  women.  In  the  last  days  of  the  Republic 
women  already  began  to  attain  the  same  legal  level  as  men,  and 
later  the  great  Antonine  jurisconsults,  guided  by  their  theory 
of  natural  law,  reached  the  conception  of  the  equality  of  the 
sexes  as  the  principle  of  the  code  of  equity.  The  patriarchal 
subordination  of  women  fell  into  complete  discredit,  and  this 
continued  until,  in  the  days  of  Justinian,  under  the  influence 
of  Christianity  the  position  of  women  began  to  suffer."  ("Sex 
in  Relation  to  Society,"  Philadelphia,  1911,  p.  395.) 


sexual  experiences  have  afforded  him  much 
pleasure,  their  mysterious  character  has  in- 
spired fear  in  him.  This  fear  has  furnished  one 
of  the  incentives  for  putting  restrictions  upon 
sex. 

Furthermore,  some  features  of  the  sexual 
function  have  aroused  disgust  as  well  as  fear  in 
man.  This  has  been  especially  true  of  the  flow 
of  blood  in  woman  at  various  crises  in  her  life, 
such  as  the  hymenal  flow  in  connection  with 
puberty,  the  menstrual  flow  at  the  times  of  the 
periodic  catamenial  function,  and  the  puerperal 
flow  at  parturition.  Primitive  man  seems  at 
any  rate  to  have  felt  fear  if  not  disgust  towards 
blood.  So  that  these  features  of  the  sexual 
function  have  played  an  important  part  in  giv- 
ing rise  to  the  notion  which  is  still  more  or  less 
prevalent  that  there  is  something  repellent  and 
unclean  about  sex,  especially  in  woman.  The 
sexual  taboos  both  of  the  past  and  of  the  pres- 
ent can  be  attributed  to  a  large  extent  to  this 
notion. 

The  principal  source  of  the  Christian  religion 
is  to  be  found  in  Judaism  which  contains  many 
of  these  magical  and  religious  ideas  with  re- 
spect to  sex.  For  example,  the  notion  of  the 
uncleanness  of  sex  plays  a  prominent  part  in 
the  Hebrew  religion.  Consequently,  a  consid- 
erable portion  of  the  Jewish  law  is  devoted  to 
the  regulation  of  sex  with  respect  to  its  un- 
cleanness. The  following  passages  from  the 


THE  DOUBLE  STANDARD         163 

Old  Testament  illustrate  this  part  of  the  Jew- 
ish law. 

Leviticus  XV  describes  the  uncleanness  of  the 
sexual  issues  of  men  and  women  and  prescribes 
how  they  are  to  be  cleansed: — "And  if  any 
man 's  seed  of  copulation  go  out  from  him,  then 
he  shall  wash  all  his  flesh  in  water,  and  be  un- 
clean until  the  even.  .  .  .  The  woman  also  with 
whom  man  shall  lie  with  seed  of  copulation,  they 
shall  both  bathe  themselves  in  water,  and  be  un- 
clean until  the  even.  And  if  a  woman  have  an 
issue,  and  her  issue  in  the  flesh  be  blood,  she 
shall  be  put  apart  seven  days:  and  whosoever 
toucheth  her  shall  be  unclean  until  the  even.  . . . 
And  if  any  man  lie  with  her  at  all,  and  her  flow- 
ers be  upon  him,  he  shall  be  unclean  seven  days ; 
and  all  the  bed  whereon  he  lieth  shall  be  un- 
clean." This  law  reveals  the  notion  of  the 
greater  sexual  uncleanness  of  woman,  and  of 
how  man  may  be  defiled  by  her  uncleanness. 

Leviticus  XII  specifies  how  women  are  to  be 
purified  after  childbirth: — "And  the  Lord 
spake  unto  Moses,  saying,  Speak  unto  the  chil- 
dren of  Israel,  saying,  If  a  woman  have  con- 
ceived seed,  and  borne  a  man  child:  then  she 
shall  be  unclean  seven  days;  according  to  the 
days  of  the  separation  for  her  infirmity  shall 
she  be  unclean.  .  .  .  But  if  she  bear  a  maid 
child,  then  she  shall  be  unclean  two  weeks,  as  in 
her  separation:  and  she  shall  continue  in  the 
blood  of  her  purifying  threescore  and  six  days." 


164     PERSONALITY  AND  CONDUCT 

This  law  reveals  the  inferior  position  of  woman 
and  the  belief  in  the  greater  uncleanness  of  sex 
in  woman,  for  it  was  apparently  more  defiling 
to  give  birth  to  a  female  child  than  to  give  birth 
to  a  male  child. 

In  the  Christian  religion  these  ideas  imported 
from  Judaism  developed  into  a  form  of  asceti- 
cism which  exalted  celibacy.  For  example,  in 
Revelations  XIV,  4,  it  is  said : — ''These  are  they 
which  were  not  defiled  with  women ;  for  they  are 
virgins."  Throughout  the  New  Testament  the 
dominant  theme  with  respect  to  sex  is  that  sex 
is  unclean ;  that  virginity  and  chastity  are  highly 
meritorious ;  that  the  flesh,  by  which  is  usually 
meant  sex,  is  antagonistic  to  the  spirit;  and 
that  marriage  is  a  grudging  and  questionable 
concession  to  the  flesh.6 

The  Christian  attitude  towards  sex  is  well 

« Westermarck  states  the  Christian  ascetic  doctrine  with 
respect  to  sex  as  follows: 

"For  a  nation  like  the  Jews,  whose  ambition  was  to  live  and 
to  multiply,  celibacy  could  never  become  an  ideal;  whereas  the 
Christians,  who  professed  the  most  perfect  indifference  to  all 
earthly  matters,  found  no  difficulty  in  glorifying  a  state  which, 
however  opposed  it  was  to  the  interests  of  the  race  and  the 
nation,  made  men  pre-eminently  fit  to  approach  their  god.  In- 
deed, far  from  being  a  benefit  to  the  kingdom  of  God  by  prop- 
agating the  species,  sexual  intercourse  was  on  the  contrary 
detrimental  to  it  by  being  the  great  transmitter  of  the  sin 
to  our  first  parents.  .  .  .  Religious  celibacy  is,  moreover,  en- 
joined or  commended  as  a  means  of  self-mortification  supposed 
to  appease  an  angry  god,  or  with  a  view  to  raising  the  spiritual 
nature  of  man  by  suppressing  one  of  the  strongest  of  all  sensual 
appetites.  Thus  we  find  in  various  religions  celibacy  side 
by  side  with  other  ascetic  observances  practised  for  similar 
purposes.  .  .  .  Finally,  it  was  argued  that  marriage  prevents  a 


THE  DOUBLE  STANDABD         165 

stated  in  the  Pauline  epistle,  I  Corinthians  VII, 
as  will  be  seen  from  the  following  excerpts : — 

"It  is  good  for  a  man  not  to  touch  a  woman. 
Nevertheless,  to  avoid  fornication,  let  every 
man  have  his  own  wife,  and  let  every  woman 
have  her  own  husband.  ...  I  say  therefore  to 
the  unmarried  and  widows,  It  is  good  for  them 
if  they  abide  even  as  I.  But  if  they  cannot  con- 
tain, let  them  marry:  for  it  is  better  to  marry 
than  to  burn.  .  .  .  He  that  is  unmarried  careth 
for  the  things  that  belong  to  the  Lord,  how  he 
may  please  the  Lord:  but  he  that  is  married 
careth  for  the  things  that  are  of  the  world, 
how  he  may  please  his  wife.  There  is  differ- 
ence also  between  a  wife  and  a  virgin.  The 
unmarried  woman  careth  for  the  things  of  the 
Lord,  that  she  may  be  holy  both  in  body  and  in 
spirit:  but  she  that  is  married  careth  for  the 
things  of  the  world,  how  she  may  please  her 
husband. '  * 

The  utterances  of  the  greatest  apostle  of 
Christianity,  Paul,  did  much  to  establish  firmly 
this  anti-social  and  highly  immoral  doctrine  in 
the  Christian  religion,  and  thus  to  carry  it  into 
Occidental  civilization. 

person  from  serving  God  perfectly,  because  it  induces  him  to 
occupy  himself  too  much  with  worldly  things.  Though  not 
contrary  to  the  act  of  charity  or  the  love  of  God,  says  Thomas 
Aquinas,  it  is  nevertheless  an  obstacle  to  it."  (E.  Wester  - 
marck,  op  tit.,  Vol.  II,  pp.  420-421.) 

See  also,  for  a  discussion  of  asceticism  in  Judaism,  Chris- 
tianity, Mohammedanism,  and  other  religions,  W.  G.  Sumner, 
"Folkways,"  Boston,  1907,  Chap.  XVIII. 


166    PERSONALITY  AND  CONDUCT 


CHRISTIANITY  AND   SEXUAL   HYPOCRISY 

The  Christian  ascetic  doctrine  has  had  many 
evil  results.  It  has  served  as  an  additional 
factor  to  degrade  woman,  because  woman  is 
generally  regarded  as  symbolizing  sex  much 
more  than  man.  It  is  ordinarily  claimed  by  the 
official  representatives  of  Christianity  that  this 
religion  has  raised  the  position  of  woman 
through  its  humanitarian  doctrines.  But  it  is 
very  doubtful  if  the  Christian  religion  has  bene- 
fited woman  more  by  its  amiable  tenets  than 
it  has  injured  her  by  its  asceticism.7 

In  theory  Christianity  preaches  the  same 
standard  of  sex  freedom  for  both  sexes.  But, 
as  might  have  been  expected,  it  has  failed  ut- 
terly in  practise  to  maintain  this  standard.  So 
that  the  double  standard  of  sex  freedom  is  per- 
haps as  prevalent  in  Christian  as  in  non-Chris- 
tian countries.  The  inevitable  result  has  been 
a  vast  amount  of  smug  hypocrisy  which  is  one 
of  the  most  discreditable  features  of  so-called 
* '  Christian ' 9  civilization. 

Several  writers  have  commented  upon  the 
failure  of  the  Christian  religion  to  maintain  and 
enforce  a  single  standard  of  sex  morality,  and 
upon  the  hypocrisy  in  matters  of  sex  which  has 
resulted  therefrom.  Lecky,  himself  a  Christian 
devotee,  admits  rather  grudgingly  that  the 

7  I  have  discussed  this  question  in  my  "Poverty  and  Social 
Progress,"  New  York,  1916,  pp.  240-241. 


THE  DOUBLE  STANDARD         167 

double  standard  is  about  as  prevalent  under 
Christianity  as  under  Paganism: — "At  the 
present  day,  although  the  standard  of  morals  is 
far  higher  than  in  Pagan  Rome,  it  may  be  ques- 
tioned whether  the  inequality  of  the  censure 
which  is  bestowed  upon  the  two  sexes  is  not  as 
great  as  in  the  days  of  Paganism,  and  that  in- 
equality is  continually  the  cause  of  the  most 
shameful  and  the  most  pitiable  injustice.  .  .  . 
The  fundamental  truth,  that  the  same  act  can 
never  be  at  once  venial  for  a  man  to  demand, 
and  infamous  for  a  woman  to  accord,  though 
nobly  enforced  by  the  early  Christians,  has  not 
passed  into  the  popular  sentiment  of  Christen- 
dom." 8 

Westermarck  comments  more  impartially 
upon  this  failure  of  Christianity  in  the  follow- 
ing words: — "It  seems  to  me  that  with  regard 
to  sexual  relations  between  unmarried  men  and 
women  Christianity  has  done  little  more  than 
establish  a  standard  which,  though  accepted 
perhaps  in  theory,  is  hardly  recognized  by  the 
feelings  of  the  large  majority  of  people — or  at 
least  of  men — in  Christian  communities,  and 
has  introduced  the  vice  of  hypocrisy,  which  ap- 
parently was  little  known  in  sexual  matters  by 
pagan  antiquity."  9 

Maxwell  also  criticizes  Christianity  severely 

8\Y.  E.  H.  Lecky,  "History  of  European  Morals,"  New 
York,  1877,  Vol.  II,  pp.  346-347. 

9  E.  Weatermarck,  op.  tit.,  Vol.  II,  p.  434. 


168    PERSONALITY  AND  CONDUCT 

for  this  failure  and  for  its  hypocrisy.  He 
points  out  that  the  equalizing  of  the  sexes  is 
counteracting  the  Christian  influence  by  giving 
woman  the  same  freedom  as  man: — "Dans  les 
pays  catholiques,  en  France  notamment,  1 'usage 
des  plaisirs  sexuels,  quand  il  est  modere  et  n'en- 
traine  pas  a  des  dereglements,  est  tolere  chez  les 
jeunes  homines,  la  virginite  chez  eux  prete  au 
ridicule,  et  le  langage  populaire  assimile  le  co- 
quebin  a  1 'innocent  et  au  niais;  la  meme  toler- 
ance existe  chez  les  Italiens  et  les  Espagnols; 
elle  est  moins  marquee  dans  les  pays  Anglo- 
Saxons,  mais  la  les  peches  caches  n'excitent  pas 
1'indignation  du  'cant*  anglais.  II  est  autre- 
ment  de  la  liberte  sexuelle  des  filles;  admise 
dans  une  certaine  mesure  au  milieu  des  classes 
ouvrieres  urbaines,  qui  preferent  souvent  1 'un- 
ion libre  au  mariage,  elle  repugne  aux  mondes 
bourgeois  et  aristocratique ;  il  est  visible  pour- 
tant  que  nos  moeurs  se  modifient  rapidement  a 
1'heure  actuelle!  et  que  1'egalisation  des  sexes 
tend  a  leur  reconnaitre  une  liberte  pareille ;  deja 
beaucoup  d 'artistes  et  de  femmes  intellectuelles 
pratiquent  plus  ou  moins  ouvertement  1'inde- 
pendance  masculine."10 

1°  J.  Maxwell,  "Le  concept  social  du  crime,"  Paris,  1914,  pp. 
287-288. 

Maxwell  goes  on  to  describe  the  double  standard  of  sex  free- 
dom in  non-Christian  countries: — 

"Les  pays  musulmans  sont  demeures  au  contraire  fideles  aux 
idees  anciennes  du  monde  mediterranean ;  1'inconduite  dea  filles 
y  est  presque  partout  reprimee  avec  une  rigueur  extrgme;  aux 
exemples  que  j'ai  deja  cites,  on  pourrait  ajouter  ceux  de  prea- 


THE  DOUBLE  STANDARD         169 

It  is  obvious  that  the  Christian  single  stand- 
ard of  sex  morality  has  failed  because  it  is 
based  upon  an  ascetic  doctrine  which  is  dia- 
metrically opposed  to  the  facts  of  human  na- 
ture. The  hypocrisy  which  has  resulted  in- 
evitably from  this  failure  is  one  of  the  most 
baneful  of  Christian  influences. 

THE   PREVENTION    OF   THE   DOUBLE   STANDARD 

The  above  survey  of  the  causes  of  the  double 
standard  of  sex  freedom  proves  conclusively 
that  the  double  standard  is  not  due  to  the  per- 
versity of  men,  as  is  preached  by  the  popular 
oracles  of  morality,  nor  to  the  weakness  of  char- 
acter of  women,  as  is  sometimes  intimated ;  but 
to  factors  which  mankind  has  not  as  yet  clearly 
and  generally  recognized,  nor  attempted  to  con- 
trol. 

It  is  obvious  that  the  fundamental  factor  in 
creating  this  double  standard  is  the  physiolog- 
ical dissimilarity  of  the  sexes  which  makes  sex- 
ual intercourse  a  much  more  serious  matter 
for  woman  than  for  man,  since  it  is  very  likely 

que  toutes  lea  nations  mahometanes ;  la  Perse,  1'Egypte,  le 
Maroc  sont  des  contrees  ou  1'inconduite  des  jeunes  filles  est 
fre'quemment  punie  de  mort. 

"Lea  moeurs  sont  plus  indulgents  pour  lee  hommes  dans  le 
monde  musulman,  qui  ne  differe  pas  sensiblement  du  monde 
chr^tien  a  ce  point  de  vue,  sauf  qu'il  montre  moins  d'hypo- 
crisie. 

"Enfin,  la  Chine,  qui  nous  offre  le  spectacle  de  la  plus  vieille 
civilisation  connue,  admet  formellement  deux  morales,  1'une 
pour  les  hommes,  Pautre  pour  les  femmes;  le  Japon  partage  la 
maniere  de  voir." 


170    PERSONALITY  AND  CONDUCT 

to  result  in  pregnancy.  It  is  therefore  very 
important  that  she  should  not  take  this  risk 
unless  conditions  are  suitable  for  her  to  bear 
children.  The  double  standard  is  greatly  ac- 
centuated by  the  prohibition  of  measures  for 
controlling  procreation  and  by  the  punishment 
of  reproduction  outside  of  the  narrow  limits 
prescribed  by  religion,  conventional  morality 
and  the  law. 

But  it  is  also  evident  that  the  double  stand- 
ard has  been  greatly  strengthened  by  the  pro- 
prietary attitude  displayed  by  men  towards 
women.  This  attitude  is  due  in  part  to  an  in- 
nate sexual  jealousy,  but  is  largely  artificial, 
since  it  has  been  encouraged  by  economic  and 
other  social  factors. 

Magic  and  religion  also  have  given  rise  to 
discrimination  against  women  in  matters  of  sex 
freedom.  Sex  taboos  have  weighed  more  heav- 
ily upon  women  than  upon  men,  because  sex 
plays  a  more  important  part  in  the  life  of 
woman,  and  is  supposed  to  be  more  unclean  in 
woman. 

The  double  standard  is  inevitable  under  pres- 
ent conditions.  Indeed,  it  may  even  be  said 
that  under  existing  conditions  it  has  its  utility, 
because  it  deters  many  women  from  sharing  the 
fate  of  their  hapless  sisters  who,  because  they 
become  known  to  have  indulged  in  so-called  il- 
licit sexual  intercourse  or  to  have  borne  chil- 


THE  DOUBLE  STANDARD         171 

dren  outside  of  wedlock,  fall  under  the  condem- 
nation of  the  prevailing  mores. 

Furthermore,  by  permitting  more  or  less  sex 
freedom  for  men  the  double  standard  upholds 
for  one  half  of  mankind  an  ideal  of  freedom 
which  will  eventually  become  a  part  of  the  birth- 
right of  women  as  well.  The  single  standard 
of  morality  consisting  of  sex  repression  and 
oppressive  regulation  for  both  sexes  now  being 
striven  for  by  the  professional  moral  reform- 
ers is  a  harmful  and  spurious  standard  which 
can  never  succeed  in  practise,  and  which  will 
merely  prolong  the  discrimination  against 
women  which  is  inherent  in  the  existing  double 
standard.  The  agitation  in  favor  of  such  a 
single  standard  is  at  present  the  principal  fac- 
tor for  increasing  hypocrisy  in  matters  of  sex, 
of  which  hypocrisy  there  already  is  altogether 
too  much. 

But  the  double  standard  of  sex  freedom  is  at 
best  a  necessary  evil,  and  should  be  obviated  if 
its  causes  can  be  removed.  If  the  risk  of  preg- 
nancy could  not  be  prevented  or  greatly  less- 
ened, the  double  standard  would  perhaps  al- 
ways be  needed  for  the  protection  of  women. 
In  that  case,  the  discrimination  against  woman 
involved  in  the  double  standard  would  have  to 
be  endured  by  her  as  one  of  the  burdens  caused 
by  her  child  bearing  function,  just  as  man  has 
to  endure  the  dangers  and  terrible  sufferings  of 


172    PERSONALITY  AND  CONDUCT 

war,  exploration,  and  other  difficult  tasks  which 
fall  to  his  lot. 

It  is  now  well  known  that  there  are  effective 
and  harmless  contraceptive  measures  whose  use 
reduces  the  risk  of  pregnancy  to  almost  noth- 
ing. Women  should  be  able  to  use  these  meas- 
ures to  prevent  conception,  except  when  condi- 
tions for  child  bearing  are  suitable.  The  legal, 
moral,  and  religious  restrictions  upon  the  use  of 
contraceptive  measures  should  be  removed  in 
order  to  obviate  the  double  standard  of  sex  free- 
dom. I  hardly  need  to  add  that  these  measures 
are  also  needed  as  birth  control  measures  for 
the  regulation  of  the  increase  of  population. 

It  is  perhaps  a  more  difficult  task  to  remove 
the  proprietary  attitude  of  men  towards 
women.  If  the  artificial  reenf  orcement  of  male 
sexual  jealousy  can  be  abolished,  it  will  be  no 
stronger  a  force  for  the  double  standard  than 
female  sexual  jealousy,  which  is  doubtless  as 
powerful  an  innate  trait.  The  problem  there- 
fore is  to  fortify  woman's  status  in  society  so 
that  she  cannot  be  appropriated  by  man. 

The  principal  step  towards  this  end  is  to  se- 
cure her  economic  independence.  Many  women 
have  become  economically  independent  in  re- 
cent years,  and  many  more  women  will  doubt- 
less become  independent  in  the  near  future. 
But  there  are  at  least  three  obstacles  in  the  way 
of  economic  independence  for  many  women.  In 
the  first  place,  child  bearing  and  rearing  inter- 


THE  DOUBLE  STANDARD         173 

fere  with  female  labor.  In  the  second  place, 
marital  unions  frequently  conflict  with  the  mo- 
bility of  female  labor,  since  it  is  essential  that  a 
wife  live  with  her  husband.  In  the  third  place, 
male  gallantry  is  a  check  upon  woman's  eco- 
nomic activities  because  it  impels  men  to  sup- 
port women  when  they  might  be  engaged  in 
economic  production.11 

Whether  or  not  these  obstacles  will  always 
make  a  sufficient  number  of  women  economically 
dependent  to  maintain  the  double  standard  of 
sex  freedom,  it  is  impossible  to  foresee.  Cer- 
tain it  is  that  so  long  as  the  property  right  in 
woman  persists  with  any  degree  of  strength,  she 
will  retain  the  notion  that  her  sex  is  of  peculiar 
value  and  must  therefore  be  bartered  for  a  con- 
sideration. This  idea  still  governs  many 
women  in  their  dealings  with  the  other  sex,  whe- 
ther they  be  prostitutes  or  married  women  who 
in  their  marital  unions  have  complacently  sold 
themselves  under  the  sanctions  of  religion,  the 
law,  and  conventional  morality. 

If  these  obstacles  prove  to  be  sufficiently 
strong  to  maintain  the  economic  dependence  of 
woman  and  the  double  standard,  it  will  be  in- 
cumbent upon  society  through  its  organized 
agencies  to  counteract  these  obstacles.  By 
means  of  judicious  measures  for  subsidizing 

11 1  have  discussed  the  obstacles  in  the  way  of  the  economic 
independence  of  women  in  an  article  entitled  The  Economic 
Basis  of  Feminism,  in  The  Annals  of  the  American  Academy 
of  Political  and  Social  Science,  November,  1914,  pp.  18-26. 


174    PEESONALITY  AND  CONDUCT 

women  for  performing  the  functions  of  child 
bearing  and  rearing  the  state  may  be  able  to 
obviate  this  factor  which  renders  her  depend- 
ent upon  man.  It  may  be  possible  to  organize 
industry  so  that  married  women  can  be  pro- 
vided with  employment  wherever  they  may  live 
with  their  husbands. 

Male  gallantry  cannot  be  abolished  by  law. 
But  if  it  is  not  encouraged  by  the  educational 
system  and  by  the  prevailing  mores,  it  will 
probably  not  be  strong  enough  to  maintain  un- 
aided the  economic  dependence  of  woman  and 
the  double  standard  of  sex  freedom. 

The  economic  independence  of  women  doubt- 
less is  the  greatest  force  for  a  genuine  single 
standard  of  sex  morality  for  both  sexes.  The 
problem  of  the  double  standard  is,  therefore, 
not  a  problem  of  raising  the  morality  of  men 
or  of  lowering  the  morality  of  women,  as  is  fre- 
quently alleged,  but  of  placing  the  sexes  upon 
an  equality  in  their  freedom  to  choose  their 
mates  and  to  procreate.  Justice  can  be  done 
to  women  only  by  placing  them  upon  the  same 
plane  with  men  in  their  freedom  of  choice. 


CHAPTER  XIII 

THE   CAUSES   OF   PROSTITUTION 

PBOSTITUTION  signifies  the  sale  of  sexual  grat- 
ification. It  is  a  commercial  and  sometimes  a 
professional  activity.1  But  it  is  not  the  sale  of 
the  prostitute,  as  is  frequently  asserted.  Sex- 
ual intercourse  in  prostitution  may  be  and  fre- 
quently is  accompanied  by  intense  repugnance 
and  antagonism  on  the  part  of  the  prostitute,  so 
that  there  is  no  giving  of  the  prostitute's  self. 
To  assert  that  prostitution  involves  the  sale  of 
the  prostitute  is  to  identify  the  personality  en- 
tirely with  the  physical  aspect  of  sex.  This 
notion  reflects  the  tendency  to  over-emphasize 
the  sexual  nature  of  woman. 

Prostitution  has  been  limited  almost  entirely 

i  Flexner  considers  "prostitution  to  be  characterized  by  three 
elements  variously  combined:  barter,  promiscuity,  emotional 
indifference.  The  barter  need  not  involve  the  passing  of 
money,  though  money  is  its  usual  medium;  gifts  or  pleasures 
may  be  the  equivalent  inducement.  Nor  need  promiscuity  be 
utterly  choiceless ;  a  woman  is  not  the  less  a  prostitute  because 
she  is  more  or  less  selective  in  her  associations.  Emotional 
indifference  may  be  fairly  inferred  from  barter  and  promiscuity. 
In  this  sense,  any  person  is  a  prostitute  who  habitually  or  in- 
termittently has  sexual  relations  more  or  less  promiscuously 
for  money  or  other  mercenary  consideration."  (A.  Flexner, 
"Prostitution  in  Europe,"  New  York,  1914,  p.  11.) 

175 


176    PERSONALITY  AND  CONDUCT 

to  the  female  sex.  The  fundamental  reason  for 
woman's  monopoly  of  this  profession  is  that  a 
female  can  gratify  sexual  passion  in  numerous 
males,  whereas  a  male  can  gratify  sexual  pas- 
sion in  few  females.  This  is  due  to  well  known 
physiological  differences  between  the  sexes. 
The  result  is  that  prostitution  is  a  much  more 
feasible  commercial  and  professional  activity 
for  women  than  it  is  for  men.  Other  reasons 
for  the  great  preponderance  of  female  over 
male  prostitution  will  be  mentioned  in  the 
course  of  this  chapter. 

PROSTITUTION   AND    CIVILIZATION 

Prostitution  is  in  the  main  a  phenomenon  of 
civilization.  In  the  primitive  and  simpler  so- 
cieties it  has  been  customary  for  the  young  to 
mate  very  early.  Such  promiscuity  as  has  ex- 
isted before  or  after  mating  has  not  usually 
been  of  the  sort  which  could  be  characterized  as 
prostitution,  since  it  has  not  usually  had  the 
commercial  and  professional  features  men- 
tioned above.  In  exceptional  cases  only  could 
the  sexual  freedom  of  the  unmarried,  sexual 
hospitality  to  strangers,  the  exchange  of  wives, 
etc.,  be  called  prostitution. 

Much  of  the  promiscuity  due  to  magical  and 
religious  notions  cannot  be  regarded  as  prosti- 
tution. Among  the  forms  of  promiscuity  due 
to  magic  and  religion  are  saturnalia,  practises 
connected  with  phallic  worship,  etc.  Even  sa- 


THE  CAUSES  OF  PROSTITUTION     177 

cred  prostitution,  though  of  great  historical  in- 
terest, can  hardly  be  regarded  as  having  much 
practical  importance  for  the  evolution  of  pros- 
titution.2 Prostitution  may  have  been  stimu- 
lated a  little  in  its  early  stages  by  the  avarice 
of  priests,  but  there  can  be  little  doubt  that  it 
would  have  attained  as  great  proportions  in  the 
long  run,  even  had  there  been  no  sacred  prosti- 
tution, for  it  is  due  mainly  to  other  factors.3 

Prostitution  is  a  feature  of  the  complex  life 
of  civilization,  especially  in  cities.  A  brief  dis- 
cussion of  the  causes  of  prostitution  will  indi- 
cate the  significance  of  this  statement.  This 
discussion  will  deal,  on  the  one  hand,  with  the 
causes  of  the  demand  for  prostitution,  and,  on 
the  other  hand,  with  the  causes  for  the  supply 

2  Regnault   suggests   that   commercial  prostitution   may  be 
traced  back  to  sacred  prostitution  in  the  following  words: — 

"Avec  la  civilisation,  les  id£es  commerciales  se  developper- 
ent:  on  reduisit  les  prisonniers  en  esclavage  pour  tirer  parti 
de  leur  travail,  alors  que  le  sauvage  se  bornait  a  les  tuer  et  ft 
les  manger. 

"La  femme  esclave  avait  une  autre  valeur,  le  proprie'taire 
pouvait  sur  elle  assouvir  ses  passions,  elle  fut  un  objet 
d'e"change,  elle  devint  e"galement  un  objet  de  prfit:  le  prox- 
6netisme  etait  invented 

"Bien  que  le  fait  paraisse  Strange,  les  premiers  qui  imaginer- 
ent  de  tirer  profit  de  la  fornication  furent  justement  les 
pretres."  (F.  Regnault,  "Involution  de  la  prostitution," 
Paris,  1906,  p.  22.) 

3  Historical  accounts  of  prostitution  are  very  numerous.     A 
few  which  may  be  mentioned  are  the  following: — P.  Dufour, 
"Histoire  de  la  prostitution,"  Paris,  1851-1853,  6  vols  ;  W.  W. 
Sanger,  "The  History  of  Prostitution,"  New  York,  1859;  A.  P. 
E    Rabutaux,  "De  la  prostitution  en  Europe  depuis  I'antiquit6 
jusqu'a  la  fin  du  XVTe  siecle,"  Paris,  1869;  A  Semerau,  "Die 
Kurtisaneu  der  Renaissance,"  Berlin,  1914. 


178     PERSONALITY  AND  CONDUCT 

of  prostitutes.  While  these  causes  are  in  large 
part  the  same,  there  are  a  few  differences  which 
must  be  noted. 

THE   DEMAND   FOE   PROSTITUTION 

The  first  and  fundamental  cause  of  the  de- 
mand for  prostitution  is  biological  in  its  char- 
acter, namely,  the  powerful  sexual  impulse 
which  must  seek  and  obtain  gratification.  If  it 
cannot  secure  this  gratification  in  some  form 
of  marriage  or  in  free  and  spontaneous  promis- 
cuity, it  will  secure  it  in  commercialized  prom- 
iscuity, namely,  in  prostitution.4 

The  second  cause  of  the  demand  for  prostitu- 
tion is  psychological  in  its  character,  namely, 
the  play  interest  in  sex.  Those  who  have  not 
the  opportunity  or  who  fail  to  satisfy  this  in- 

*  It  is  well  to  recall  at  this  point  that  the  Catholic  Church 
has  conducted  a  long  experiment  extending  over  many  centuries 
in  attempting  to  enforce  chastity  by  means  of  the  institution 
of  sacerdotal  celibacy.  This  attempt  has  failed  throughout 
and  has  always  been  a  prolific  cause  of  corruption  and  im- 
morality. Ample  evidence  of  this  failure  down  to  the  present 
time  is  furnished  by  Lea,  the  eminent  historian  of  the  Church. 
(H.  C.  Lea,  "An  Historical  Sketch  of  Sacerdotal  Celibacy  in 
the  Christian  Church,"  2nd  edit.,  Boston,  1884,  passim.) 

"If  the  irregular  though  permanent  connections  which  every- 
where prevailed  had  been  only  the  result  of  the  prohibition 
of  marriage,  there  might  perhaps  have  been  little  practical 
evil  flowing  from  it,  except  to  the  church  itself  and  to  its 
guilty  members.  When  the  desires  of  man,  however,  are  once 
tempted  to  seek  through  unlawful  means  the  relief  denied  to 
them  by  artificial  rules,  it  is  not  easy  to  set  bounds  to  the 
unbridled  passions  which,  irritated  by  the  fruitless  effort  at 
repression,  are  no  longer  restrained  by  a  law  which  has  been 
broken  or  a  conscience  which  has  lost  its  power."  (Op.  tit.,  p. 
341.) 


THE  CAUSES  OF  PROSTITUTION     179 

terest  as  well  as  the  sexual  impulse  in  marriage 
or  in  some  other  form  of  sexual  relationship 
must  seek  to  satisfy  it  among  prostitutes.  This 
psychological  factor  is  not  recognized  by  many 
writers  on  this  subject.  And  yet  it  doubtless 
plays  an  important  part  not  only  for  the  youth- 
ful tyro  in  matters  of  sex,  but  also  for  the  dis- 
appointed and  disillusioned  spouse  and  for  the 
satiated  debauchee. 

The  third  cause  or  group  of  causes  of  the  de- 
mand for  prostitution  is  economic  and  social  in 
its  character.  In  our  complex  civilization  with 
its  great  variations  in  wealth  it  has  become  im- 
possible for  many  men  and  women  to  mate  early 
in  life  and  for  some  of  them  to  mate  at  all.  Fur- 
thermore, class,  caste,  and  other  social  bar- 
riers; religious  prejudices;  restrictive  laws; 
and  other  obstacles  have  arisen  in  the  way  of 
the  mating  of  many.  Consequently,  in  contrast 
to  the  primitive  societies  of  the  past  and  the 
simpler  communities  of  today  in  which  prac- 
tically every  member  of  the  group  is  mated  soon 
after  puberty,  in  civilized  communities  there  is 
a  large  class  of  the  sexually  unmated  which  so 
long  as  it  exists  will  perforce  create  a  demand 
for  prostitution. 

The  following  table  and  diagram  show  that 
nearly  one-half  of  the  marriageable  population 
in  this  country  is  unmarried: — 5 

5  "Abstract  of  the  13th  Census  of  the  U.  S.,"  Washington, 
1913,  p.  146. 


180    PERSONALITY  AND  CONDUCT 

MARITAL  CONDITION  OF  THE  POPULATION  OF  THE 

UNITED  STATES 
Population  15  years  of  age  and  over:  1910 


Marital  condition 

Total    32,425,805 


Male 

Number      Per  cent 
of  total 
100.0 


Single    12,550,129  38.7 

Married,  widowed  or 

divorced     19,720,152  60.8 

Married     18,092,600  55.8 

Widowed 1,471,390  4.5 

Divorced   156,162  0.5 

Marital  condition  not 

reported    155,524  0.5 


Female 

Number    Per  cent 

of  total 

30,047,325   100.0 

8,933,170    29.7 


21,045,983 

17,684,687 

3,176,228 

185,068 


70.0 

58.9 

10.6 

0.6 


68,172    0.2 


MABITAL  CONDITION  OF  THE  POPULATION  OF  THE  UNITED  STATES 
BT  AGE  PERIODS:    1910 


«o  eo          80         ioo 


SINGLE 


WIDOWED  OB  DtvOftCED 


(From  the   Statistical   Atlas   of   the   United   States,    Census 
Bureau,  Washington,  1914.) 


THE  CAUSES  OP  PKOSTITUTION     181 

THE   SUPPLY   OF   PROSTITUTES 

The  biological  factor  is  much  less  important 
as  a  cause  for  the  supply  of  prostitutes.  We 
need  not  enter  here  upon  a  discussion  of  the  rel- 
ative strength  of  the  sexual  impulse  in  man 
and  in  woman.  All  that  it  is  necessary  to  know 
for  our  purpose  is  that  it  is  a  powerful  force  in 
both  sexes.  But  the  woman  who  must  have  sex- 
ual gratification  is  usually  able  to  secure  it 
within  or  outside  of  marriage  without  herself 
becoming  a  prostitute  or  seeking  the  services  of 
a  male  prostitute.  So  that  it  is  only  in  the  ex- 
ceptional cases  of  the  nymphomaniacs,  whose 
sexual  cravings  are  excessively  great,  that  the 
sexual  impulse  is  the  sole  or  the  principal  factor 
in  driving  the  woman  into  prostitution,  for 
these  over-sexualized  women  can  secure  com- 
plete satisfaction  only  through  the  frequently 
repeated  sexual  intercourse  of  commercialized 
promiscuity. 

However,  the  sexual  impulse  is  one  of  the  fac- 
tors in  leading  many  of  the  prostitutes,  prob- 
ably the  great  majority,  into  prostitution.  On 
account  of  the  social  obloquy  which  almost  in- 
variably falls  upon  women  who  indulge  in  extra- 
matrimonial  sex  relations  which  become  known, 
it  is  one  of  the  factors  for  prostitution  in  many 
cases.  So  that  the  moralists  who  create  this 
obloquy  are  largely  responsible  for  the  prosti- 
tution of  these  unfortunate  women. 


182     PERSONALITY  AND  CONDUCT 

Psychological  factors  also  play  a  part  in  cre- 
ating a  supply  of  prostitutes,  though  not  in 
exactly  the  same  way  that  they  create  a  demand 
for  prostitution.  The  play  interest  in  sex  is 
probably  a  much  less  potent  factor  for  leading 
women  into  prostitution  than  it  is  for  leading 
men  to  make  use  of  prostitutes.  But  other  psy- 
chological factors  play  an  important  part  in  the 
etiology  of  the  prostitute.  Among  these  are 
vanity,  which  requires  for  its  satisfaction  fine 
raiment  and  the  adulation  of  men ;  the  love  of 
excitement  and  adventure,  which  frequently  has 
little  opportunity  for  gratification  in  the  monot- 
ony of  everyday  life ;  etc. 

The  economic  factors  are  perhaps  the  most 
important  in  creating  a  supply  of  prostitutes, 
though  it  is  difficult  to  estimate  the  relative  in- 
fluence of  the  different  factors  for  prostitu- 
tion. I  have  already  pointed  out  that,  on  ac- 
count of  the  economic  difficulties  in  the  way  of 
marriage,  there  is  a  large  unmated  group,  which 
furnishes  a  considerable  part  of  the  material 
for  prostitution.  But  the  immediate  economic 
factors  are  in  the  form  of  the  pressure  which 
arises  from  the  smallness  of  the  income  of  the 
father,  husband,  or  other  person  upon  whom 
the  woman  is  dependent,  or  the  smallness  of  her 
own  wages. 

Under  such  conditions  the  temptation  may  be- 
come great  for  the  woman  to  supplement  her 
meager  earnings  or  to  supplant  them  entirely 


THE  CAUSES  OF  PROSTITUTION      183 

with  the  rewards  of  prostitution.  It  is  doubt- 
ful if  there  are  many  cases  where  the  woman 
has  been  actually  forced  into  prostitution  by 
economic  factors  in  the  sense  that  she  would 
have  starved  if  she  had  not  become  a  prostitute. 
But  the  temptation  which  arises  as  a  result  of 
the  economic  pressure  described  above,  along 
with  the  other  factors  which  have  been  men- 
tioned, has  drawn  many  women  into  prostitu- 
tion. 

There  are  several  other  facts  to  be  considered 
with  regard  to  the  etiology  of  prostitutes.  It 
is  to  be  expected  that  the  above  factors  will  act 
most  effectively  upon  persons  who  are  weak  in 
mind  and  character.  Weakness  of  character 
involves  a  low  degree  of  resistance  to  the  temp- 
tations named  above.  Feebleness  of  mind  les- 
sens the  degree  of  foresight  as  to  the  ultimate 
consequences  of  a  life  of  prostitution.  It  is, 
therefore,  not  surprising  that  among  the  groups 
of  prostitutes  which  have  been  carefully  exam- 
ined there  has  been  found  almost  invariably  a 
relatively  high  percentage  of  feebleminded 
women.6 

At  the  same  time  it  must  be  remembered  that 

« It  must,  however,  be  borne  in  mind  that  the  feebleminded 
prostitutes  are  the  most  likely  to  be  segregated  and  put  under 
restraint  in  such  a  fashion  as  to  make  possible  a  careful 
mental  examination.  It  must  also  be  remembered  that  many 
prostitutes  have  degenerated  greatly  as  a  result  of  dissipation. 
Some  writers  on  this  subject  have  failed  to  make  proper  allow- 
ance for  these  facts  and  have,  consequently,  made  wildly  exag- 
gerated estimates  of  the  extent  of  feeblemindedness  among 


184     PERSONALITY  AND  CONDUCT 

many  of  the  prostitutes  are,  to  say  the  least, 
not  below  the  average  in  character  and  intelli- 
gence, and  have  become  prostitutes  either  on 
account  of  economic  misfortune  or  because  they 
possess  traits  which  under  other  social  condi- 
tions would  have  great  value  and  would  con- 
tribute to  their  success,  but  which  under  present 
conditions  lead  them  into  prostitution.7  In  this 
group  are  some  if  not  many  women  who  act  with 
courage  and  independence  in  response  to  their 
natural  impulses,  but  who  then  find  that  they 
cannot  afford  to  do  so  in  society  as  it  is  now  or- 
ganized. 

THE   PECUNIARY   VALUE   OF   SEX   IN   WOMAN 

The  more  or  less  prevalent  notion  that  sex  in 
woman  has  a  pecuniary  value  and  is  therefore 
to  be  bartered  has  its  influence  upon  prostitu- 
tion. This  influence  is,  of  course,  not  restricted 
to  prostitution,  for  it  still  encourages  the  sale 

prostitutes.  There  is  little  reason  to  believe  that  more  than 
a  very  small  absolute  percentage  of  the  total  number  of  pros- 
titutes are  feebleminded. 

i  For  an  extended  discussion  of  the  good  traits  of  prostitutes, 
see  A.  J.  B.  Parent- Duchatelet,  "De  la  prostitution  dans  la 
ville  de  Paris,"  Paris,  1857,  Vol.  I,  Chap.  2. 

Lecky  characterizes  certain  types  of  prostitutes  as  follows : — 
"The  victims  of  seduction  are  often  led  aside  quite  as  much 
by  the  ardour  of  their  affections,  and  by  the  vivacity  of  their 
intelligence,  as  by  any  vicious  propensities.  Even  in  the  lowest 
grades,  the  most  dispassionate  observers  have  detected  remains 
of  higher  feelings,  which,  in  a  different  moral  atmosphere,  and 
under  different  moral  husbandry,  would  have  undoubtedly  been 
developed."  (W.  E\  H.  Lecky,  "History  of  European  Morals," 
New  York,  1877,  Vol.  II,  pp/285-286.) 


THE  CAUSES  OF  PROSTITUTION     185 

of  women  in  marriage.  The  marriage  price 
may  not  be  paid  in  as  obvious  a  manner  as  in 
simpler  communities  in  which  marriage  by  pur- 
chase prevailed.  But  many  marriages  in  mod- 
ern civilized  communities  still  retain  some  of 
the  character  of  a  commercial  transaction, 
though  the  attempt  is  usually  made  to  conceal 
the  commercial  features  by  means  of  euphemis- 
tic subterfuges.  In  prostitution  the  barter  is 
frank  and  open,  and  no  attempt  at  concealment 
is  usually  made  between  the  parties  to  the  trans- 
action. The  sale  of  women  attains  its  most  ag- 
gravated form  in  the  white  slave  traffic. 

I  have  not  the  space  to  describe  in  detail  the 
evolution  of  this  notion  of  the  pecuniary  value 
of  sex  in  women.  Various  factors  have  doubt- 
less played  a  part  in  its  development  at  one  time 
or  another,  such  as  exogamy  in  primitive  com- 
munities, the  patriarchate,  the  economic  value 
of  female  labor,  the  economic  value  of  the  off- 
spring of  the  bartered  woman,  etc.  There  is 
good  reason  to  believe  that  there  will  continue 
to  be  more  or  less  bartering  of  women  both 
within  and  outside  of  marriage  so  long  as 
women  are  economically  dependent. 

If  women  become  economically  independent 
and  there  is  freedom  of  mating  for  both  sexes, 
the  bartering  of  women  or  of  sex  in  women  will 
disappear  almost  entirely.  Sex  relations  will 
then  become  matters  of  choice  based  upon  per- 
sonal inclinations  undisturbed  by  any  extran- 


186    PERSONALITY  AND  CONDUCT 

eous  considerations.  This  condition  will  fur- 
nish the  best  possible  basis  for  the  development 
of  the  play  function  of  sex  both  for  men  and  for 
women. 

It  is  alleged  by  many  vice  reformers  and 
other  persons  that  much  prostitution  is  due  to 
an  artificial  stimulus  given  to  it  by  vice  enter- 
prisers who  are  exploiting  prostitutes  for  their 
own  benefit.  There  is  doubtless  a  measure  of 
truth  in  this  assertion.  But  it  is  a  gross  exag- 
geration to  assert  that  a  considerable  part  of 
prostitution  is  due  to  such  exploitation.  The 
principal  causes  for  the  demand  for  prostitu- 
tion and  for  the  supply  of  prostitutes  have  been 
stated  above,  and  the  exploiter  can  aggravate 
these  causes  only  to  a  comparatively  slight  ex- 
tent. 

Many  foolish  and  injurious  acts  have  been 
committed  by  vice  reformers  owing  to  mistaken 
emphasis  upon  the  influence  of  the  vice  enter- 
priser. Exploitation  of  prostitution  would  dis- 
appear immediately  if  the  fundamental  causes 
of  prostitution  were  removed,  so  that  it  is  a 
wasteful  and  harmful  expenditure  of  energy  to 
concentrate  attention  upon  suppressing  the  ex- 
ploiter while  ignoring  these  fundamental  causes. 

I  have  not  the  space  to  illustrate  in  detail, 
with  the  aid  of  statistical  and  other  data,  these 
causes  of  prostitution.  But  the  above  descrip- 
tion, brief  though  it  has  been,  is  sufficient  to  in- 
dicate that  prostitution  is  inevitable  under  pres- 


THE  CAUSES  OF  PROSTITUTION     187 

ent  conditions,8  while  there  may  always  be  an 
irreducible  minimum  of  prostitution  which  can- 
not be  removed  under  any  conditions.  Further- 
more, this  description  suggests  that  there  is  a 
good  deal  of  justification  for  prostitution  under 
existing  conditions. 

8  "In  the  presence  of  a  majority  still  thinking  quite  differ- 
ently it  is  absurd  to  preach  total  sexual  abstinence  to  all  un- 
married young  men,  as  certain  moralists  do  (Tolstoi,  for 
example).  Though  there  are  men  who  abstain  without  injury 
to  their  health,  these  moralists  forget  that  the  satisfaction  of 
the  sexual  desires  is  one  of  the  most  important  needs  of  the 
majority  of  men  (the  life  of  our  day  certainly  increases  these 
desires),  and  that  present  social  conditions  are  the  cause  of 
men's  considering  woman  their  inferior.  Dr.  Blaschko,  in 
his  work  'Die  Prostitution  im  XIX  Jahrhundert,'  rightly  says: 
'The  sexual  requirement  in  the  case  of  mankind  as  of  all  other 
beings  is  an  entirely  natural  one.  To  be  sure,  it  is  not  so 
strong  and  compelling  as  the  necessity  of  food  and  drink;  it 
can  be  suppressed  in  the  case  of  any  one  for  a  time,  and  with 
many  permanently,  without  injury  to  the  health.  But  what 
is  true  of  this  or  that  person  does  not  hold  for  the  mass  of 
mankind,  for  whom  sexual  intercourse  is  doubtless  a  neces- 
sity.'" (W.  Bonger,  "Criminality  and  Economic  Conditions," 
Boston,  1916,  p.  323.) 


CHAPTER  XIV 

THE   UTILITY   AND   DISUTILITY   OF   PROSTITUTION 

THE  sexual  organs  must  perform  their  func- 
tions in  one  way  or  another.  The  powerful  in- 
stincts and  feelings  based  upon  their  processes 
must  find  expression  in  some  fashion.  The 
most  natural  manner  of  attaining  these  ends 
is  through  sexual  intercourse.  However,  the 
urgent  physiological  sexual  processes  may  take 
place  apart  from  sexual  intercourse. 

THE  EVILS   OF   SEXUAL  ABSTINENCE 

The  sexual  glands  can  relieve  themselves  of 
their  secretions  from  time  to  time,  even  though 
they  do  not  receive  the  normal  sexual  stimulus. 
Hence  it  is  possible  that  no  direct  physiological 
injury  is  caused  by  chastity.  There  is,  how- 
ever, ample  evidence  that  total  sexual  abstin- 
ence is  very  injurious  psychologically  and  cul- 
turally, and  thus  indirectly  causes  a  vast  amount 
of  physiological  injury  as  well.1  The  patho- 

i  At  this  point  it  is  advisable  to  disprove  and  discredit  a 
false  statement  which  has  been  repeated  by  nearly  every  vice 
reformer  and  social  hygiene  agitator  in  this  country.  The 
statement  is  that  the  American  Medical  Association  has  passed 
a  resolution  to  the  effect  that  continence  (chastity)  is  not  in- 
jurious to  health.  The  truth  is  as  follows. 

At  the  fifty-seventh  annual  session  of  the  American  Medical 
188 


logical  results  from  sex  repression  have  already 
been  described  in  Chapter  XI. 

When  the  sexual  instincts  and  feelings  do  not 
attain  their  normal  expression  in  sex  relations, 
they  give  rise  in  many  cases  to  psychiatric  con- 
ditions. This  may  happen  whether  the  absti- 
nence is  by  compulsion  or  by  choice,  but  it  is 
much  more  likely  to  happen  when  the  abstin- 
ence is  by  compulsion.  In  the  gravest  cases 
some  form  of  insanity  arises.  In  .the  graver 
cases  a  neurotic  condition  results,  as,  for  ex- 
ample, hysteria  very  frequently.  In  the  milder 

Association,  held  at  Boston,  June  5-8,  1906,  the  following  reso- 
lution was  offered  to  the  Section  on  Hygiene  and  Sanitary 
Science  by  a  zealous  but  injudicious  vice  reformer  of  the  day 
(Dr.  Prince  A.  Morrow)  : — 

Whereas,  There  exists  among  the  laity  a  general  im- 
pression that  sexual  intercourse  is  necessary  to  the 
health  of  men ;  and 

Whereas,  It  is  claimed  that  this  impression  rests  on  the 
authority  of  the  medical  profession:  now,  therefore,  be  it 
Resolved,  That  in  the  opinion  of  the  Section  on  Hygiene 
and  Sanitary  Science  of  the  American  Medical  Association, 
continence  is  not  injurious  to  health,  and  that  this  section 
reprobates  the  contrary  doctrine  as  a  menace  to  the  physi- 
cal and  moral  welfare  of  the  individual  and  society. 
This  resolution  was  approved  by  this  section  for  submission 
to  the  House  of  Delegates  of  the  Association.     This  section  is 
one  of  the  smallest  in  the  Association  and  the  resolution  was 
approved  by  about  two  dozen  votes.    The  House  of  Delegates 
did  not  pass  the  resolution  but  referred  it  to  the  Committee 
on  Improvement  of  the  Treatment  of  Uterine  Cancer!     This 
was  the  last  that  was  heard  of  it.     A  similar  resolution  which 
was  presented  from  the  Mississippi  State  Medical  Association 
was  referred  to  the  same  committee  and  suffered  the  same  fate. 
( For  all  of  the  facts  stated  above,  see,  Jour,  of  the  Am.  Medical 
Association,  Vol.  XLVI,  No.  24,  June  16,  1906,  p.  1880;  Vol. 
XLVII,  No.  1,  July  7,  1906,  p.  55;   The  Medical  Critic  and 
Guide,  August,  1915,  pp.  282-284.) 


190    PERSONALITY  AND  CONDUCT 

cases  mental  complexes  arise  from  the  repres- 
sion of  the  sexual  instincts  and  feelings  which 
give  the  victim  of  the  sex  repression  more  or 
less  mental  discomfort. 

In  fact,  it  is  doubtful  if  total  sexual  absti- 
nence could  exist  without  giving  rise  to  at  least 
a  few  of  these  complexes.  The  literature  of  ab- 
normal psychology,  psychiatry,  sex  psychology, 
and  psychoanalysis  contains  numerous  data 
concerning  the  psychiatric  phenomena  resulting 
from  sex  repression.  Furthermore,  they  are 
almost  universal  facts  of  human  experience,  for 
nearly  every  one  has  tested  at  some  time  or 
other  the  effects  of  sexual  abstinence. 

The  sex  relation  has  great  cultural  value. 
This  fact  has  already  been  amply  demonstrated 
in  the  description  of  the  play  function  of  sex 
in  Chapter  IX.  Sex  experience  is  an  essential 
and  important  element  in  the  development  of 
personality.  There  can  be  no  well  rounded  per- 
sonality without  this  experience.  Inasmuch  as 
the  development  of  personality  is  the  highest 
aim  of  civilization,  the  Christian  ideal  of  vir- 
ginity must  be  regarded  as  a  barbarous  and  not 
as  a  civilized  ideal.  It  should  be  replaced  by 
the  civilized  ideal  of  the  sexually  mature  man 
or  woman  who  develops  to  the  full  the  play 
function  of  sex,  and  who  is  permitted  by  cir- 
cumstances to  perform  the  reproductive  func- 
tion as  well. 


THE  LIMITED   UTILITY   OF   PROSTITUTION 

The  significance  of  the  utility  of  and  the  need 
for  the  sex  relation  in  the  life  of  mankind  with 
respect  to  prostitution  is  obvious.  So  long  as 
many  individuals  are  unmated  prostitution  fur- 
nishes a  means  of  sexual  gratification  for  some 
of  these  persons,  though  it  is  a  very  unsatisfac- 
tory means  in  many  ways.  Consequently,  pros- 
titution has  a  limited  utility  under  the  existing 
disorganized  state  of  sex  relations. 

In  a  few  cases  prostitution  prevents  rape  on 
the  part  of  individuals  to  whom  it  affords  re- 
lief from  their  otherwise  uncontrollable  sexual 
passion.  It  prevents  some  of  the  physiological 
and  psychological  injury  arising  from  the  ob- 
struction of  the  sexual  impulse.  It  affords  at 
least  a  small  scope  for  the  development  of  the 
play  interest  in  sex  for  many  individuals.  It 
furnishes  a  means  of  sexual  relief  always  ready 
at  hand  without  the  emotional  stress  frequently 
involved  in  love  and  marriage.  Furthermore, 
as  has  been  pointed  out  by  Ellis,  it  adds  some- 
thing to  the  variety  and  gayety  of  life  which 
has  its  value  for  civilization.2 

2  "There  is,  however,  another  argument  in  support  of  pros- 
titution which  scarcely  receives  the  emphasis  it  deserves.  I 
refer  to  its  influence  in  adding  an  element,  in  some  form  or 
another  necessary,  of  gayety  and  variety  to  the  ordered  com- 
plexity of  modern  life,  a  relief  from  the  monotony  of  its  me- 
chanical routine,  a  distraction  from  its  dull  and  respectable 
monotony.  This  is  distinct  from  the  more  specific  function 
of  prostitution  as  an  outlet  for  superfluous  sexual  energy,  and 


192     PERSONALITY  AND  CONDUCT 

It  has  also  been  asserted  by  some  writers 
that  prostitution  furnishes  valuable  protection 
to  monogamous  marriage  and  to  the  family. 
The  question  of  the  influence  of  prostitution 
upon  marriage  and  the  family  constitutes  a  very 
complicated  problem  which  I  shall  discuss  pres- 
ently, after  the  evils  arising  out  of  prostitu- 
tion have  been  described. 

THE  HABDSHIPS   OF   PROSTITUTES 

Prostitution  involves  hardships  for  many  of 
the  prostitutes.  Some  of  them,  owing  to  their 
beauty  or  adroitness,  earn  more  and  live  more 

may  even  affect  those  who  have  little  or  no  commerce  with 
prostitutes.  This  element  may  be  said  to  constitute  the 
civilizational  value  of  prostitution."  (Havelock  Ellis,  "Sex  in 
Relation  to  Society,"  Philadelphia,  1911,  pp.  287-288.) 

A  woman  writer  has  expressed  a  similar  idea  in  the  follow- 
ing words: — 

"No  woman  can  have  failed  to  feel  astonishment  at  the  at- 
tractive force  the  prostitute  may,  and  often  does,  exercise  on 
cultured  men  of  really  fine  character.  There  is  some  deeper 
cause  here  than  mere  sexual  necessity.  But  if  we  accept,  as 
we  must,  the  existence  of  these  imperatively  driving,  though 
usually  restrained  impulses,  it  will  be  readily  seen  that  pros- 
titution provides  a  channel  in  which  this  surplus  of  wild  energy 
may  be  expended.  It  lightens  the  burden  of  the  customary 
restraints.  There  are  many  men,  I  believe,  who  find  it  a  relief 
just  to  talk  with  a  prostitute — a  woman  with  whom  they  have 
no  need  to  be  on  guard.  The  prostitute  fulfils  that  need  that 
may  arise  in  even  the  most  civilized  man  for  something  primi- 
tive and  strong:  a  need,  as  has  been  said  by  a  male  writer, 
better  than  I  can  express  it,  'for  a  woman  in  herself,  not 
woman  with  the  thousand  and  one  tricks  and  whimsies  of 
wives,  mothers  and  daughters.'"  (Catherine  Gasquoine  Hart- 
ley Gallichan,  "The  Truth  about  Woman,"  London,  1913,  pp. 
372-373.) 


comfortably  than  most  of  their  so-called  vir- 
tuous sisters.  But  the  earnings  of  the  great 
majority  of  prostitutes  are  comparatively 
small.  Furthermore,  their  earning  capacity 
does  not  last  very  long  on  the  average,  because 
disease,  dissipation,  premature  old  age,  etc.,  us- 
ually destroy  the  usefulness  of  a  prostitute  af- 
ter a  few  years  of  professional  activity. 

A  very  small  percentage  of  the  prostitutes 
have  been  forced  into  prostitution  by  the  white 
slave  traders.  The  great  majority  of  them 
have  entered  it  by  choice,  or  have  drifted  into 
it  through  force  of  circumstances.  All  of  them 
suffer  from  the  weight  of  moral  and  social  con- 
demnation and  disapproval.  Many  of  them  are 
penniless  when  they  reach  the  end  of  their  pe- 
riod of  usefulness  as  prostitutes,  and  have  been 
incapacitated  by  their  previous  life  for  other 
kinds  of  activity.  However,  some  of  them  are 
able  to  earn  a  comfortable  living  as  procuresses 
and  as  employers  of  prostitutes,  and  a  certain 
number  are  provided  for  in  marriage. 

Furthermore,  the  hardships  of  prostitutes 
are  greatly  accentuated  at  present  by  unwise  at- 
tempts to  suppress  and  stamp  out  prostitution 
entirely.  Legislation  which  makes  prostitu- 
tion criminal  and  in  other  ways  attempts  to  re- 
press the  prostitutes  is  sure  to  have  this  effect. 
The  harassing  and  hounding  which  they  receive 
from  the  police  and  the  courts  drive  them  into 


194    PERSONALITY  AND  CONDUCT 

the  arms  of  the  pimps,  procurers,  and  other  ex- 
ploiters of  prostitutes  who  stand  ready  to  fleece 
them  in  every  possible  way. 

This  hounding  also  forces  them  into  associa- 
tion with  criminals  and  encourages  them  to  be- 
come the  consorts  and  accomplices  of  thieves, 
murderers,  etc.  From  this  stage  it  is  an  easy 
step  for  them  to  become  thieves,  receivers  of 
stolen  goods,  etc.,  themselves.  Furthermore, 
these  repressive  measures  increase  greatly  the 
degradation  of  the  prostitute  and  drive  her  into 
still  lower  depths  of  dissipation  and  vice. 

The  regulation  of  prostitution,  even  when  it 
is  not  governed  by  the  object  of  suppressing 
prostitution  immediately  or  ever,  is  also  in 
danger  of  increasing  the  hardships  of  the  pros- 
titutes. But  this  danger  can  be  avoided  in 
large  part  if  not  entirely  if  the  regulating  is 
done  wisely.  Every  regulation  which  is  en- 
forced should  be  adopted  only  after  a  broad 
survey  of  the  interests  both  of  society  at  large 
and  of  the  prostitutes.  Thus  only  can  justice 
be  done  to  the  prostitutes. 

PBOSTITUTION    AND   THE   PLAY   FUNCTION 

Prostitution  encourages  a  low  grade  of  play 
interest  in  sex.  In  fact,  so  far  as  the  prosti- 
tutes themselves  are  concerned,  the  constant 
repetition  of  sexual  intercourse  and  the  indis- 
criminate promiscuity  involved  tend  to  stamp 
out  the  play  interest  entirely,  so  that  the  sex- 


THE  UTILITY  OF  PROSTITUTION     195 

ually  hardened  prostitute  may  have  even  less 
of  it  than  the  sexually  dessicated  old  spin- 
ster. 

This  is  one  of  the  most  deplorable  evils  of 
prostitution.  It  destroys  to  a  large  extent  the 
play  function  of  sex  for  the  prostitutes,  and 
tends  to  develop  sexual  frigidity  in  them.  It 
may  indeed  be  true,  as  is  believed  by  some  of  the 
students  of  prostitution,  that  many  of  them  are 
sexually  frigid  before  they  become  prostitutes, 
and  that  their  sexual  frigidity  has  encouraged 
them  to  enter  prostitution  because  their  lack  of 
passion  leads  them  to  look  upon  sexual  inter- 
course as  an  inconsequential  matter  not  to  be 
esteemed  highly.  But  whether  their  frigidity 
exists  before  they  become  prostitutes  or  de- 
velops as  a  result  of  prostitution,  their  play  in- 
terest in  sex  is  rarely  ever  stimulated  by  their 
commercialized  promiscuity. 

So  far  as  their  customers  are  concerned,  also, 
prostitution  tends  to  develop  a  low  grade  of 
play  interest  in  sex.  This  is  not  necessarily 
because  it  is  promiscuous,  for  a  high  degree  of 
play  interest  may  exist  even  in  promiscuity  so 
long  as  it  is  free  and  spontaneous.  But  in  com- 
mercialized promiscuity  there  is  little  or  no  re- 
sponse from  the  woman.  Furthermore,  the 
sexual  intercourse  is  not  usually  accompanied 
with  and  followed  by  a  period  of  association 
long  enough  to  develop  a  close  acquaintance 
with  personal  traits,  though  the  acquaintance 


196    PERSONALITY  AND  CONDUCT 

may  develop  rapidly  while  it  lasts  on  account  of 
the  absence  of  conventional  restraints. 

The  value  of  prostitution  for  the  customer 
from  the  point  of  view  of  the  play  function  of 
sex  depends,  therefore,  upon  whether  or  not  it 
is  the  best  he  can  do  under  the  circumstances. 
For  many  men  no  other  sex  relation  is  avail- 
able, so  that  the  commercialized  form  may  be 
better  than  none  at  all.  But  if  a  man  is  able  to 
secure  an  uncommercialized  relation,  it  is  al- 
most invariably  far  superior  to  the  commer- 
cialized form. 

PROSTITUTION   AND   DISEASE 

The  most  harmful  result  from  prostitution 
at  present  doubtless  is  its  effect  in  spreading 
the  venereal  diseases,  namely,  gonorrhoea  and 
syphilis.  This,  of  course,  is  due  to  the  promis- 
cuity involved  and  has  nothing  to  do  with  the 
moral  aspect  of  prostitution.  Furthermore, 
this  effect  is  greatly  accentuated  in  the  commer- 
cialized promiscuity  of  prostitution  for  the 
prostitutes  themselves.  Their  promiscuity  is 
highly  concentrated  in  a  comparatively  small 
group  of  women  who  become  the  depositories,  so 
to  speak,  of  the  germs  of  these  diseases  and 
from  whom  these  germs  are  communicated  to 
their  numerous  male  customers.3 

*  A  syphilologist  states  the  effect  of  prostitution  in  spread- 
ing syphilis  in  the  following  words: — 

"The  great  source  of  the  propagation  of  syphilis  is  prostitu- 
tion, either  open  or  clandestine.  The  women  who  accept  pro- 


THE  UTILITY  OF  PROSTITUTION     197 

These  men  in  turn  pass  these  germs  on  to 
many  women  who  are  not  prostitutes  and  thus 
the  diseases  become  widely  disseminated  in  so- 
ciety at  large.  Uncoinmercialized  promiscuity 
does  not  have  as  dire  results  because  it  is  more 
widely  diffused  in  society  at  large  and  is  not  so 
highly  concentrated  among  the  women  who  in- 
dulge in  it.  These  women  probably  exercize 
more  care,  so  that  they  do  not  become  the  depos- 
itories of  these  germs  to  the  same  extent  as 
prostitutes. 

It  is  unnecessary  to  dwell  upon  the  vast 
amount  of  suffering  and  social  injury  caused  by 
the  venereal  diseases.  It  is  obvious  that  the 
problem  of  their  prevention  is  a  sanitary  and 
prophylactic  problem,  and  not  a  moral  problem 
as  is  frequently  asserted.  In  the  following 
chapter  will  be  described  the  treatment  and 
prevention  of  these  diseases  in  so  far  as  these 
sanitary  and  prophylactic  measures  involve  the 
question  of  the  regulation  and  control  of  prosti- 
tution. 

PROSTITUTION   AND   MARRIAGE 

It  is  also  alleged  that  prostitution  tends  to 
check  mating  in  marriage.  For  this  as  well  as 

miscuous  intercourse  do  not  go  far  before  they  are  exposed 
to  syphilis;  and  it  follows,  of  course,  that  the  prevalence  of 
syphilis  among  promiscuous  prostitutes  is  enormous.  As  a 
matter  of  fact,  it  is  practically  universal."  (W.  A.  Pusey, 
"Syphilis  as  a.  Modern  Problem,"  Chicago,  1915,  p.  112.) 
It  should  be  stated,  however,  that  some  venereal  specialists 


198    PERSONALITY  AND  CONDUCT 

for  other  reasons,  it  is  said  to  endanger  monog- 
amy and  the  family.  It  is  also  said  to  promote 
the  double  standard  of  sex  morality.  But,  as 
has  been  noted  above,  prostitution  is,  on  the 
contrary,  alleged  by  some  writers  to  be  a  val- 
uable protection  for  monogamous  marriage  and 
the  family.  It  is  impossible  to  solve  this  prob- 
lem without  a  preliminary  discussion  of  the  evo- 
lutionary relation  between  prostitution  and 
marriage. 

It  is  suggested  by  some  writers  that  prosti- 
tution and  marriage,  or  at  least  monogamic 
marriage,  have  a  common  origin  or  that  pros- 
titution resulted  from  monogamic  marriage.4 
In  a  very  general  sense  it  is  true  that  prostitu- 
tion and  marriage  have  a  common  origin,  inas- 
much as  both  of  them  are  due  to  the  sexual  im- 
pulse. But,  speaking  more  strictly,  they  can- 
not be  said  to  have  a  common  origin. 

Marriage,  by  which  I  mean  mating  of  consid- 
erable duration,  has  doubtless  existed  for  a  long 
time.  It  is  found  among  some  of  the  animal 
species  other  than  man,  and  is  found  among  the 

deny  that  syphilis  and  other  venereal  diseasea  are  universal 
among  promiscuous  prostitutes. 

*  For  example,  Mrs.  Gallichan  suggests  that  prostitution 
may  have  resulted  from  monogamic  marriage: — 

"Every  attempt  hitherto  to  grapple  with  prostitution  has 
been  a  failure.  Women  have  to  remember  that  it  has  existed 
as  an  institution  in  nearly  all  historic  times  and  among  nearly 
all  races  of  men.  It  is  as  old  as  monogamic  marriage,  and 
may  be  the  result  of  that  form  of  sexual  relationship,  and  not, 
as  some  have  held,  a  survival  of  primitive  sexual  licence." 
("The  Truth  About  Woman,"  p.  362.) 


THE  UTILITY  OF  PROSTITUTION     199 

most  primitive  men.  Prostitution,  on  the  con- 
trary, does  not  exist  among  animals,  and  seems 
to  be  a  comparatively  late  development  in  hu- 
man social  evolution,  so  far  as  we  can  judge 
from  anthropological  and  historical  evidence. 
So  that  prostitution  must  be  due  to  compara- 
tively recent  social  conditions  and  factors  which 
did  not  play  a  part  in  giving  rise  to  marriage. 

Monogamic  marriage  also  doubtless  is  very 
ancient,  for  it  is  found  among  some  animals  and 
among  primitive  men.  So  that  monogamy  in 
general  can  scarcely  be  regarded  as  the  origin 
of  prostitution,  for  if  that  were  the  case  pros- 
titution would  have  originated  much  earlier 
than  it  did.  It  is  possible,  however,  that  pros- 
titution originated  from  and  is  encouraged  by  a 
certain  form  or  certain  forms  of  monogamy. 
We  must,  therefore,  consider  what  forms  of 
monogamy  are  accompanied  by  prostitution  in 
order  to  determine  whether  or  not  there  is  a 
causal  relation. 

I  have  already  noted  the  fact  that  the  pecu- 
niary valuation  of  sex  in  woman  influences  not 
only  prostitution  but  also  modern  marriage.6 
This  fact  suggests  a  close  relation  between  the 

G  Mrs.  Gallicban  characterizes  marriage  as  follows: — "Mar- 
riage is  itself  in  many  cases  a  legalised  form  of  prostitution. 
From  the  standpoint  of  morals,  the  woman  who  sells  herself 
in  marriage  is  on  the  same  level  as  the  one  who  sells  herself 
for  a  night,  the  only  difference  is  in  the  price  paid  and  the 
duration  of  the  contract.  Nay,  it  is  probably  fair  to  say  that 
at  the  lowest  such  sale-marriage  results  in  the  greater  evil,  for 
the  prostitute  does  not  bear  children.  If  she  has  a  child  it 


200    PERSONALITY  AND  CONDUCT 

two  and  indicates  that  to  this  extent  at  least 
they  have  a  common  origin.  At  the  same  time 
it  must  not  be  forgotten  that  other  factors  have 
played  a  part  in  the  origin  of  both  of  these  in- 
stitutions, as,  for  example,  the  influence  of  re- 
ligion in  giving  rise  to  prostitution. 

Monogamy  as  a  sacred  dogma  makes  the  dis- 
solution of  marriage  by  divorce  difficult,  and 
thus  creates  a  potent  force  for  prostitution. 
Many  of  the  married  men  who  indulge  in  pros- 
titution would  not  do  so  if  they  were  happily 
married,  and  free  divorce  would  lessen  the  num- 
ber of  unsuccessful  matings  and  would  increase 
the  number  of  happy  unions.  To  the  religious 
obstacles  must  be  added  the  serious  economic 
obstacles  already  mentioned  in  the  way  of  spon- 
taneous early  matings  which  would  furnish  a 
satisfactory  sex  life  for  all. 

Thus  we  see  that,  while  prostitution  is  not  a 
necessary  accompaniment  of  marriage  and  of 
monogamy,  it  is  a  result  from,  or,  to  say  the 
least,  an  inevitable  concomitant  of  the  existing 
form  of  marriage.  This  fact  makes  the  discus- 
sion of  the  influence  of  prostitution  upon 
marriage  of  somewhat  academic  importance. 
However,  it  may  be  worth  while  to  discuss 
briefly  whether,  as  is  alleged  by  some  persons 
prostitution  is  a  protection  to  monogamy  and 

has,  as  a  rule,  been  born  first;  such  is  our  morality  that 
motherhood  often  drives  her  on  to  the  streets."  ("The  Truth 
About  Woman,"  p.  342.) 


201 

the  family,  or,  as  is  alleged  by  others,  prosti- 
tution is  dangerous  and  harmful  to  those  in- 
stitutions. 

It  is  asserted  by  the  upholders  of  the  first 
theory  that  prostitution  prevents  a  certain 
amount  of  seduction  and  rape  which  would  take 
place  if  an  outlet  for  male  passions  was  not  fur- 
nished by  prostitutes.  Thus  the  daughters, 
wives,  and  prospective  wives  of  the  monoga- 
mously  married  males  are  saved  to  that  extent 
from  the  menace  of  violation,  and  monogamy 
and  the  family  are  protected.6 

«  This  appears  to  be  the  meaning  of  Lecky  in  the  following 
melodramatic  passage,  which  has  often  been  quoted: — 

"The  family  is  the  center  and  the  archetype  of  the  State, 
and  the  happiness  and  goodness  of  society  are  always  in  a  very 
great  degree  dependent  upon  the  purity  of  domestic  life.  The 
essentially  exclusive  nature  of  marital  affection,  and  the  nat- 
ural desire  of  every  man  to  be  certain  of  the  paternity  of  the 
child  he  supports,  render  the  incursions  of  irregular  passions 
within  the  domestic  circle  a  cause  of  extreme  suffering.  Yet 
it  would  appear  as  if  the  excessive  force  of  these  passions  would 
render  such  incursions  both  frequent  and  inevitable. 

"Under  these  circumstances,  there  has  arisen  in  society  a 
figure  which  is  certainly  the  most  mournful,  and  in  some 
respects  the  most  awful,  upon  which  the  eye  of  the  moralist 
can  dwell.  That  unhappy  being  whose  very  name  is  a  shame 
to  speak ;  who  counterfeits  with  a  cold  heart  the  transports  of 
affection,  and  submits  herself  as  the  passive  instrument  of 
lust ;  who  is  scorned  and  insulted  as  the  vilest  of  her  sex, 
and  doomed,  for  the  most  part,  to  disease  and  abject  wretched- 
ness and  an  early  death,  appears  in  every  age  as  the  perpetual 
symbol  of  the  degradation  and  the  sinfulness  of  man.  Herself 
the  supreme  type  of  vice,  she  is  ultimately  the  most  efficient 
guardian  of  virtue  But  for  her,  the  unchallenged  purity  of 
countless  happy  homes  would  be  polluted,  and  not  a  few  who, 
in  the  pride  of  their  untempted  chastity,  think  of  her  with  an 
indignant  shudder,  would  have  known  the  agony  of  remorse 


202     PERSONALITY  AND  CONDUCT 

It  is  sometimes  added  in  support  of  this  the- 
ory that  prostitution  also  affords  an  outlet  for 
the  passions  of  married  men  when  it  is  desirable 
that  their  wives  shall  not  be  compelled  to  ex- 
perience sexual  intercourse,  as,  for  example, 
towards  the  end  of  pregnancy.  According  to 
this  theory,  therefore,  in  the  economy  of  the 
sexual  division  of  labor  the  prostitutes  consti- 
tute a  relatively  small  group  of  women  who 
possess  the  specialized  professional  activity  of 
drafting  off  male  sexual  energy  at  times  when 

and  despair.  On  that  one  degraded  and  ignoble  form  are  con- 
centrated the  passions  that  might  have  filled  the  world  with 
shame.  She  remains,  while  creeds  and  civilisations  rise  and 
fall,  the  eternal  priestess  of  humanity,  blasted  for  the  sins 
of  the  people."  (W.  E.  H.  Leeky,  "History  of  European 
Morals,"  New  York,  1877,  Vol.  II,  pp.  282-283.) 

Mrs.  Gallichan  expresses  a  similar  idea,  but  with  a  broader 
and  more  liberal  outlook  than  Lecky  she  recognizes  that  the 
present  utility  of  prostitution  is  largely  due  to  the  evils  of 
the  existing  form  of  marriage: — 

"Our  marriage  system  is  buttressed  with  prostitution,  which 
thus  makes  our  moral  attitude  one  of  intolerable  deception,  and 
our  efforts  at  reform  not  only  ineffective,  but  absurd.  Without 
the  assistance  of  the  prostitution  of  one  class  of  women  and 
the  enforced  celibacy  of  another  class  our  marriage  in  its  pres- 
ent form  could  not  stand.  It  is  no  use  shirking  it;  if  marriage 
cannot  be  made  more  moral — and  by  this  I  mean  more  able  to 
meet  the  sex  needs  of  all  men  and  all  women — then  we  must 
accept  prostitution.  No  sentimentalism  can  save  us;  we  must 
give  our  consent  to  this  sacrifice  of  women  as  necessary  to  the 
welfare  and  stability  of  society."  ("The  Truth  About 
Woman,"  p.  341.) 

"The  time  is  not  far  distant  when  the  mothers  of  the  com- 
munity, the  sheltered  wives  of  respectable  homes,  must  come  to 
understand  that  their  own  position  of  moral  safety  is  main- 
tained at  the  expense  of  a  traffic  whose  very  name  they  will 
not  mention."  (Op.  tit.,  p.  361.) 


THE  UTILITY  OF  PROSTITUTION     203 

this  energy  endangers  monogamously  married 
females. 

It  is  obviously  impossible  to  measure  the  ex- 
tent to  which  prostitution  serves  as  a  preven- 
tive of  rape  and  seduction.  To  the  extent  that 
it  performs  this  service  it  may  serve  as  a  pro- 
tection of  monogamy  and  the  family.  But  it 
is  evident  that  it  performs  this  service  for 
women  in  general,  and  not  merely,  as  seems  to 
be  implied  in  the  grandiloquent  phrases  of 
Lecky,  for  the  sacred  ark  of  the  monogamous 
family  of  today.  Furthermore,  the  dangers 
of  rape  and  seduction  are  due  in  large  part  to 
the  existing  type  of  marriage,  so  that  prostitu- 
tion is  alleged  to  protect  marriage  from  the 
dangers  which  marriage  itself  creates  in  the 
main. 

On  the  other  hand,  it  is  alleged  that  prosti- 
tution does  injury  to  monogamy  by  acting  as  a 
check  upon  mating.  It  is  obviously  impossible 
to  ascertain  the  number  of  instances  in  which 
men  are  turned  away  from  mating  by  prosti- 
tution. But  it  is  highly  probable  that  the  num- 
ber is  very  small,  for  there  are  few  men  who 
would  not  prefer  a  satisfactory  sexual  mating 
to  the  commercialized  promiscuity  of  prostitu- 
tion. 

In  any  case,  this  argument  is  a  good  example 
of  putting  the  cart  before  the  horse.  Prosti- 
tution is  due  in  large  part  to  the  failure  of  mar- 


204     PERSONALITY  AND  CONDUCT 

riage,  so  that  this  failure  could  not  be  due  to 
any  great  extent  to  prostitution.  Further- 
more, it  must  be  remembered  that  prostitution 
leads  to  a  certain  amount  of  mating,  either 
within  or  outside  of  marriage.7 

It  is  also  alleged  that  prostitution  gives  rise 
to  and  perpetuates  the  double  standard  of  sex 
morality,  and  thus  menaces  monogamy  and  the 
family.  I  have  described  the  causes  of  the 
double  standard  in  an  earlier  chapter.  In  the 
light  of  that  discussion  this  argument  is  mani- 
festly absurd.  It  is  obvious  that  prostitution 
and  the  double  standard  are  due  in  the  main  to 
common  causes,  so  that  the  only  way  to  abolish 
either  or  both  of  these  evils  is  to  remove  these 
common  causes. 

It  is  alleged,  in  the  third  place,  that  prosti- 
tution menaces  monogamy  and  the  family  by 
disseminating  venereal  diseases.  But  even 
though  this  is  true,  prostitution  menaces  in  this 
respect  not  merely  the  sacred  ark  of  the  mono- 
gamous family,  but  all  women  and  all  men  as 
well.  So  that  this  objection  to  prostitution 
should  be  used,  not  in  behalf  of  monogamy  in 
particular,  but  in  behalf  of  society  as  a  whole. 
However  valuable  and  permanent  the  mono- 
gamous family  may  be,  it  is  not  justifiable  to 
subordinate  everything  else  to  it. 

Inasmuch  as  prostitution  is  a  result  of,  or,  to 

7  See,  for  example,  W.  Acton,  "Prostitution,"  London,  1870, 
pp.  39-49. 


THE  UTILITY  OF  PROSTITUTION    205 

say  the  least,  an  inevitable  correlative  or  con- 
comitant of,  the  existing  type  of  marriage,  it  is 
a  waste  of  time  to  discuss  whether  or  not  the 
effect  of  prostitution  upon  marriage  and  the 
family  is  beneficial  or  harmful.  The  question 
of  practical  importance  is  the  reform  of  mar- 
riage which  will  obviate  prostitution  entirely  or 
in  large  part. 

Such  a  reform  will  come  about  only  when 
marriage  affords  an  opportunity  for  a  normal 
sex  life  for  practically  every  adult  member  of 
society.  Unless  marriage  can  be  reformed  in 
this  fashion,  prostitution  will  persist  as  a  rem- 
edy for  the  defects  of  marriage.  In  that  case 
it  will  perforce  become  respectable,  as  has  been 
pointed  out  in  eloquent  language  by  the  well- 
known  sociologist,  Gabriel  Tarde.8 

s  "Pourquoi  la  prostitution,  qui  oomble  tant  bien  que  mal 
une  lacune  de  1'institution  du  mariage,  si  de"fectueuse  a  certains 
e'gards,  est-elle  deshonorante  quoique  socialement  necessaire 
(sous  une  forme  reglement4e  ou  non)  ?  De  deux  choses  Tune: 
ou  bien  la  prostitution,  si  elle  continue  a  §tre  un  dgshonneur  en 
depit  de  son  utilit6,  disparattra  fatalement  et  sera  remplace'e 
par  quelque  autre  institution  qui  remediera  mieux  aux  de- 
fectuosit£a  du  mariage  monogame ;  ou  bien  elle  subsistera,  mais 
en  devenant  respectable,  c'est-a-dire  en  se  faisant  respecter  bon 
gre  mal  gr<§,  ce  qui  pourra  se  produire  peu  a  peu,  quand  elle 
se  sera  syndiqu£e,  organisee  en  corporation  puissante,  oil  Ton 
n'entrera  qu'en  offrant  certaines  garanties,  oil  seront  cultive"e8 
certaines  vertus  professionelles  qui  £leveront  le  niveau  moral 
des  socie'taires."  (G.  Tarde,  La  morale  sexuelle,  in  the  Ar- 
chives d'anthropologie  criminelle,  Vol.  XXII,  January,  1907, 
pp.  39-40.) 

Isaacson  proposes  a  scheme  which,  he  thinks,  will,  among 
other  things,  prevent  prostitution  by  obviating  the  need  for  it. 
(E.  Isaacson,  "The  Malthusian  Limit,"  London,  1912.)  He 


206     PERSONALITY  AND  CONDUCT 

PROSTITUTION   UNSATISFACTORY   AS   A   SOLUTION 
OF   THE   SEX   PROBLEM 

And  yet  it  is  doubtful  if  prostitution  can  ever 
be  permanently  satisfactory  as  a  solution  of  the 
sex  problem.  While  the  hetaira  in  ancient 
Greece  and  elsewhere  played  an  important  and 
valuable  role,  and  while  prostitution  is  inevit- 
able in  our  existing  civilization,  commercialized 
sex  relations  can  never  adequately  meet  the  re- 
quirements of  both  the  play  and  the  reproduc- 
tive functions,  and  will  always  conflict  in  a 
measure  with  the  feelings  and  instincts  con- 
nected with  those  functions  of  sex. 

proposes  to  organize  sex  relations  by  means  of  a  two-class 
system.  The  first  will  be  a  relatively  small  "fecund"  class 
made  up  of  the  men  and  women  who  are  physically  best 
fitted  to  procreate  and  whose  chief  function  will  be  to  repro- 
duce the  race.  The  second  will  be  a  relatively  large  "surplus" 
class  made  up  of  the  remainder  of  society  who  will  refrain 
from  procreating  but  will  be  free  to  mate  as  they  choose,  the 
women  being  economically  independent  and  upon  the  same 
status  as  the  men  of  the  same  class.  Thus  a  sex  life  will  be 
furnished  for  practically  every  person  in  society  and  the 
sexual  need  for  prostitution  will  be  obviated.  (Compare  the 
three  classes  of  population  discussed  by  Georg  Hansen,  "Die 
drei  Bevdlkerungsstufen,"  Munich,  1889.) 

Isaacson's  scheme  will,  in  my  opinion,  never  be  feasible  be- 
cause the  desire  for  parenthood  is  too  widespread  to  make  it 
possible  or  desirable  to  limit  the  right  to  have  children  to  a 
small  class.  But  he  is  entirely  justified  in  emphasizing  in 
this  connection  the  importance  of  the  pressure  of  population, 
and  in  asserting  that  it  is  the  fear  of  reproduction  under 
conditions  which  make  it  undesirable  which  determines  to  a 
large  extent  the  existing  standard  of  sex  morality.  ( For  a  dis- 
cussion of  the  problems  of  population  see  my  "Poverty  and 
Social  Progress,"  New  York,  1916,  especially  Chaps.  12  and 
13.) 


THE  UTILITY  OF  PROSTITUTION    207 

Deplorable  indeed  is  the  present  situation  in 
the  organization  of  the  sex  relations  of  man- 
kind. On  the  one  hand  is  the  vast  mass  of  men 
and  women  who  are  not  sexually  mated  or  who 
are  unsatisfactorily  mated,  and  who,  therefore, 
are  unable  to  live  a  normal  sex  life.  This  is  the 
greatest  evil  in  the  present  situation,  for  it 
does  injury  to  the  largest  number  of  persons. 
And  yet  it  is  usually  overlooked  in  the  discus- 
sion of  this  subject.  On  the  other  hand  is  the 
relatively  small  group  of  women  who  are,  in  a 
sense,  sacrificed  to  meet  these  sexual  needs,  and 
whose  sacrifice  constitutes  the  lesser  of  the  two 
evils  in  the  present  situation.  Could  there  be 
two  better  reasons  for  re-organizing  marriage 
and  the  other  institutions  connected  with  sex? 

At  the  same  time,  it  is  erroneous  and  mis- 
leading to  call  prostitution  "the  social  evil,"  as 
is  the  custom  of  conventional  vice  reformers. 
Prostitution  is  primarily  one  of  the  sexual  evils. 
It  is  no  more  of  a  social  evil  than  many  other 
evils  in  society,  and  is  not  as  great  a  social  evil 
as  some  of  them,  such  as  poverty,  crime,  and 
intemperance.  The  emphasis  placed  upon 
prostitution  as  the  social  evil  by  vice  crusaders 
very  frequently  is  in  reality  an  attempt  to  draw 
a  red  herring  across  the  pathway  of  the  reform 
and  abolition  of  some  of  the  greater  of  the  so- 
cial evils. 


CHAPTER  XV 

THE   FAILURE   TO   SUPPRESS   PROSTITUTION 

THE  sexual  impulse  is  one  of  the  most  useful 
factors  in  the  life  of  mankind.  So  that  no  mani- 
festation of  this  impulse  per  se  can  be  regarded 
as  unhealthy,  abnormal,  or  vicious.  It  is  only 
when  the  expression  of  the  sexual  impulse  is 
misguided,  is  carried  to  an  excess,  or  is  misused 
in  some  way,  that  it  can  be  regarded  as  vicious. 

The  two  fundamental  evils  arising  out  of 
prostitution  have  been  described  in  the  pre- 
ceding chapter.  In  the  first  place,  prostitution 
violates  the  play  function  of  sex.  In  the  second 
place,  it  disseminates  venereal  diseases.  Other 
evils  are  alleged  on  religious  and  pseudo-moral 
grounds  which  have  no  basis  in  fact.  Of  the 
two  genuine  evils  of  prostitution,  the  second 
can  be  obviated  in  large  part  if  not  entirely  by 
means  of  prophylactic  measures.  The  first  will 
persist  as  an  inevitable  accompaniment  of  pros- 
titution. 

The  dissemination  of  disease  is  doubtless  the 
principal  evil  arising  out  of  prostitution  at 
present.  But  the  violation  of  the  play  function 
is  its  permanent  evil,  and,  therefore,  is  the  most 
serious  one  in  the  long  run.  The  pecuniary  val- 
uation of  sex  inherent  in  prostitution  inevit- 

?08 


THE  FAILURE  TO  SUPPRESS     209 

ably  diminishes  somewhat  the  spontaneity  of 
the  sex  relation  which  is  essential  for  the  high- 
est development  of  the  play  function. 

USELESS  ATTEMPTS   TO  ABOLISH   PROSTITUTION 

On  account  of  these  evils  of  prostitution  it 
would  be  desirable  if  feasible  to  abolish  it  en- 
tirely. This  has  been  attempted  many  times 
in  the  past.  Christianity,  owing  to  its  hostility 
to  sex,  has  encouraged  many  of  these  attempts. 
Some  of  them  have  been  due  to  the  desire  to 
prevent  disease,  to  safeguard  marriage  and  the 
family,  etc. 

These  attempts  to  abolish  prostitution  have 
failed.1  This  is  proved,  in  the  first  place,  by 

i  "From  the  time  when  Christianity  gained  full  political 
power,  prostitution  has  again  and  again  been  prohibited, 
under  the  severest  penalties,  but  always  in  vain.  The  might- 
iest emperors — Theodosius,  Valentinian,  Justinian,  Karl  the 
Great,  St.  Louis,  Frederick  Barbarossa — all  had  occasion  to  dis- 
cover that  might  was  here  in  vain,  that  they  could  not  always 
obey  their  own  moral  ordinances,  still  less  coerce  their  subjects 
into  doing  so,  and  that  even  so  far  as,  on  the  surface,  they 
were  successful  they  produced  results  more  pernicious  than  the 
evils  they  sought  to  suppress.  The  best  known  and  one  of 
the  most  vigorous  of  these  attempts  was  that  of  the  Empress 
Maria  Theresa  in  Vienna ;  but  all  the  cruelty  and  injustice  of 
that  energetic  effort,  and  all  the  stringent,  ridiculous,  and 
brutal  regulations  it  involved — its  prohibition  of  short  dresses, 
its  inspection  of  billiard-rooms,  its  handcuffing  of  waitresses, 
its  whippings  and  its  tortures — proved  useless  and  worse  than 
useless,  and  were  soon  quietly  dropped.  No  more  fortunate 
were  more  recent  municipal  attempts  in  England  and  America 

(Portsmouth,  Pittsburgh,  New  York,  etc.)  to  suppress  pros- 
titution offhand;  for  the  most  part  they  collapsed  even  in  a 
few  days."  (H.  Ellis,  "The  Task  of  Social  Hygiene,"  London, 

1912,  pp.  285-286.) 


210    PERSONALITY  AND  CONDUCT 

the  fact  that  prostitution  is  widespread  today. 
Indeed,  owing  mainly  to  the  rapid  development 
of  cities  in  modern  times,  it  may  be  more  wide- 
spread than  ever  before.  In  urban  communi- 
ties there  is  usually  a  higher  percentage  of  sin- 
gle persons  than  in  rural  communities,2  and 
this  condition  encourages  prostitution. 

But  in  any  case  prostitution  is  inevitable  so 
long  as  the  sexual  impulse  does  not  have  ade- 
quate opportunity  for  expression  in  other  ways. 
So  that  attempts  at  suppressing  it  absolutely 
must  necessarily  be  hopeless  of  success,  and  are 
likely  to  cause  much  injury.  The  wise  meas- 
ures against  prostitution,  therefore,  are  those 
that  are  directed  towards  providing  greater  op- 
portunities for  the  better  types  of  sexual  ex- 
pression. By  these  measures  prostitution  can 
be  greatly  lessened,  though  it  is  doubtful  if  it 
can  ever  be  abolished  entirely. 

SUPPRESSION   TREED   IN   THE   UNITED   STATES 

Unfortunately,  ill-advised  attempts  to  abolish 
prostitution  are  now  being  made  in  this  country. 

2  According  to  the  Federal  Census  there  were  in  1910  in  the 
rural  communities  37.5%  single  males  15  years  of  age  and 
over,  and  in  the  urban  communities  40.0%  single  males  of  the 
same  age  period.  In  the  rural  communities  there  were  26.9% 
single  females  15  years  of  age  and  over,  and  in  the  urban 
communities  32.8%  single  females  of  the  same  age  period.  Of 
single  males  of  this  age  period  there  were  38.1%  in  cities  of 
2,500  to  25,000,  39.5%  in  cities  of  25,000  to  100,000,  and  41.5% 
in  cities  of  100,000  and  over.  Of  single  females  of  this  age 
period  these  were  30.8%  in  cities  of  2,500  to  25,000,  32.3%  in 
cities  of  25,000  to  100,000,  and  34.3%  in  cities  of  100,000  and 


THE  FAILURE  TO  SUPPRESS     211 

In  fact,  it  may  almost  be  said  that  a  moral  hys- 
teria with  respect  to  this  subject  has  passed 
over  this  country.  It  has  manifested  itself  in 
the  investigations  of  vice  commissions,  in  vice 
crusades  in  many  cities,  in  the  appointment  of 
morals  commissions,  in  the  activities  of  so- 
called  "social  hygiene"  associations,  in  the  en- 
actment of  injunction  and  abatement  laws,  in 
raising  the  age  of  consent,  in  the  white  slave 
traffic  laws,  etc. 

The  spirit  of  these  attempts  is  well  illustrated 
in  the  reports  of  the  vice  commissions.  The 
best  known  of  these  is  the  Chicago  Vice  Com- 
mission which  made  its  investigation  in  1910 
and  1911.  Its  motto  is  as  follows: — "Constant 
and  persistent  repression  of  prostitution  the 
immediate  method:  absolute  annihilation  the 
ultimate  ideal." 3  It  advocates  various  restric- 
tive measures  which  cannot  possibly  reach  the 
roots  of  prostitution.  Its  limited  outlook  is  re- 
vealed when  it  says  that  "religion  and  educa- 
tion alone  can  correct  the  greatest  curse  which 
today  rests  upon  mankind"  (p.  27).  Its  cri- 

over.  ("ISih  Census  of  the  U.  S.,  1910,"  Vol.  I,  Washington, 
1913,  p.  596.) 

3  "The  Social  Evil  in  Chicago,"  Chicago,  1911,  p.  25. 

For  a  searching  and  incisive  criticism  of  this  report,  see 
W.  Lippmann,  "A  Preface  to  Politics,"  New  York,  1913,  Chap- 
ters V  and  VT. 

A  more  intelligent  presentation  than  the  Chicago  report  of 
the  point  of  view  of  the  vice  reformer  is  to  be  found  in  the 
report  of  the  Committee  of  Fifteen  in  New  York  City,  "The 
Social  Evil,"  New  York,  1902. 


212    PERSONALITY  AND  CONDUCT 

teria  for  the  measures  to  be  adopted  are  that 
they  must  be,  first,  moral;  second,  reasonable 
and  practical ;  third,  constitutional ;  and  fourth, 
square  with  the  public  conscience.  We  cannot 
help  but  wonder  what  would  happen  to  a  meas- 
ure which  was  moral  according  to  the  enlight- 
ened views  of  the  Commission,  but  contrary  to 
the  laws  of  nature. 

Enough  has  been  said  to  show  the  egregious 
folly  and  futility  of  this  report.  Nowhere  in  it 
is  there  a  frank  and  scientific  discussion  of  the 
sex  problems  which  are  fundamental  in  the 
study  of  prostitution,  nor  of  the  great  economic 
and  political  forces  which  condition  it.  While 
some  of  its  specific  recommendations  are  good 
so  far  as  they  go,  none  of  them  can  bring  about 
fundamental  changes,  and  some  of  them  are 
positively  harmful.  But  the  principal  evil  from 
this  report  is  that  it  confuses  and  obfuscates  the 
whole  question  of  prostitution  and  distracts  at- 
tention from  the  important  points.  Thus  is  a 
red  herring  drawn  across  the  pathway  of  effec- 
tive and  feasible  measures. 

Unfortunately,  the  recommendations  of  the 
Chicago  Commission  have  been  copied  almost 
literally  in  the  reports  of  most  if  not  all  of  the 
many  other  vice  commissions  which  have  been 
appointed  in  other  cities.4  As  a  result  of  these 
reports  permanent  morals  commissions  have 

*  Among  these  cities  are  Atlanta,  Cleveland,  Denver,  Kansas 
City  (Mo.),  Minneapolis,  Philadelphia,  Pittsburgh,  St.  Louis, 


THE  FAILURE  TO  SUPPRESS     213 

been  created  in  a  number  of  cities,5  and  various 
kinds  of  repressive  legislation  have  been  en- 
acted, such  as  injunction  and  abatement  laws 
to  prevent  the  use  of  houses  for  the  purpose  of 
prostitution.6 

The  harmful  results  from  the  stupid  policy 
of  attempting  complete  suppression  of  prosti- 
tution under  present  conditions  have  been  illus- 
trated over  and  over  again  in  this  country. 
Every  time  that  a  segregated  district  has  been 
closed  by  the  police,  or  any  other  sort  of  drastic 
suppression  has  been  attempted,  the  prosti- 
tutes have  been  scattered  among  the  tenement 
houses  and  in  the  residential  districts  in  gen- 
eral, and  have  hidden  themselves  in  massage 
parlors,  manicure  parlors,  and  in  many  other 
kinds  of  resorts.  Thus  clandestine  prostitu- 
tion has  been  encouraged,  and  the  harmful  in- 
fluence of  prostitution  has  been  made  more  in- 
sidious if  not  more  widespread.  It  is  obviously 
impossible  to  measure  the  extent  of  clandestine 

etc.  State  commissions  have  been  appointed  in  Illinois  and 
Missouri, 

In  this  connection  it  may  be  worth  while  to  record  the 
following  conversation  with  a  prominent  member  of  the  vice 
commission  of  a  large  city.  I  asked  him  why  his  commission 
had  copied  almost  verbatim  the  fatuous  recommendations  of 
the  Chicago  Commission.  Looking  rather  sheepish,  he  replied: 
— "Ah  well,  you  see,  the  public  expects  it  of  us." 

6  Chicago,  Denver,  Minneapolis,  Pittsburgh,  Scranton,  etc. 

6  Red  Light  Injunction  laws  are  in  effect  in  the  District  of 
Columbia,  Kansas,  Massachusetts,  Minnesota,  Nebraska,  New 
York,  North  Dakota,  Oregon,  Pennsylvania,  South  Dakota, 
Tennessee,  Utah,  Washington,  Wisconsin,  etc.  (See  C.  Zueblin, 
"American  Municipal  Progress,"  New  York,  1916,  p.  409.) 


214    PERSONALITY  AND  CONDUCT 

prostitution.  But  owing  to  its  insidious  na- 
ture it  is  doubtless  much  more  harmful  than 
open  prostitution,  and  much  more  difficult  to 
regulate. 

THE   INJUNCTION   AND   ABATEMENT  LAWS 

The  injunction  and  abatement  laws  which 
have  been  enacted  in  several  states  illustrate 
the  extreme  to  which  the  vice  reformers  go  in 
their  attempts  to  stamp  out  prostitution,  and 
the  gross  injustice  which  results  from  extreme 
measures.  Such  a  law  usually  ordains  that  a 
house  cannot  be  used  for  any  purpose  whatso- 
ever for  one  year  after  it  has  been  proved  that 
it  has  been  used  for  purposes  of  prostitution. 

Now  it  is  obvious  that  if  prostitution  is  inevi- 
table at  present,  and  that  therefore  it  is  better 
to  tolerate  it  than  to  try  to  suppress  it  entirely, 
it  is  also  inevitable  that  houses  should  be  used 
for  this  purpose.  It  is,  therefore,  ridiculous 
and  inconsistent,  as  well  as  grossly  unjust,  to 
penalize  severely  the  owners  of  these  houses  for 
permitting  something  that  is  inevitable.  The 
most  that  can  be  fairly  required  of  these  own- 
ers is  that  they  shall  not  tolerate  any  criminal 
practises,  such  as  rape  or  white  slavery,  in  con- 
nection with  prostitution  in  their  houses. 

THE  LAWS  AGAINST   PBOCUEATION 

The  same  point  may  be  illustrated  with  re- 
spect to  the  laws  against  procuration.  It  goes 


THE  FAILURE  TO  SUPPRESS     215 

without  saying  that  any  man  or  woman  who 
makes  a  girl  or  woman  a  prostitute  by  force  or 
by  fraud  and  deception  should  be  severely  pun- 
ished. So  that  the  procurers  who  use  these 
criminal  methods  should  be  relentlessly  pursued 
and  prosecuted,  for  few  crimes  could  be  worse 
than  forcing  a  woman  involuntarily  into  prosti- 
tution. To  this  extent  the  laws  and  the  inter- 
national agreements  against  the  white  slave 
traffic  are  necessary  and  desirable. 

But,  on  the  other  hand,  so  long  as  prostitu- 
tion is  inevitable,  it  is  inevitable  that  there 
should  be  madames  of  houses  of  prostitution, 
go-betweens,  and  other  promoters  and  exploit- 
ers of  prostitution.  As  a  profession  for  pecu- 
niary profit,  prostitution  must  have  its  com- 
mercial aspect.  So  that  it  is  absurd  and  incon- 
sistent to  penalize  those  who  traffic  in  prostitu- 
tion so  long  as  they  indulge  in  no  criminal  prac- 
tises. It  is  a  misuse  of  words  to  call  it  the 
white  slave  traffic,  unless  force  and  deception 
are  used,  because  no  prostitute  is  a  white  slave 
unless  she  has  been  forced  into  and  is  held  in 
this  profession  by  coercion. 

And  yet  in  this  country  the  attempt  has  fre- 
quently been  made  to  prohibit  all  forms  of  traf- 
ficking in  vice,  the  honest  and  non-criminal  as 
well  as  the  dishonest  and  criminal.7  This  is 

f  For  example,  the  New  York  law  reads  in  part  as  follows: 
— "Whosoever  shall  keep  or  maintain  a  house  of  ill-fame  or 
assignation  of  any  description  or  a  place,  for  the  encouragement 


216    PERSONALITY  AND  CONDUCT 

manifestly  impossible  since  prostitution  is  in 
itself  a  commercial  activity  and  as  such  requires 
its  enterprizers,  organizers,  promoters,  and  ex- 
ploiters like  every  other  form  of  commercial  ac- 
tivity. 

The  worst  example  of  unwise  and  unjustifi- 
able legislation  against  procuration  is  the  infa- 
mous Federal  White  Slave  Traffic  Law,  usually 
called  the  * '  Mann  Act, ' '  which  has  already  been 
described  in  Chapter  X.  This  vicious  law  pen- 
alizes not  only  persons  trafficking  in  prostitu- 
tion but  many  others  who  have  nothing  what- 
soever to  do  with  this  traffic,  but  who,  in  their 
private  lives,  have  committed  acts  which  are 
alleged  to  be  immoral. 

As  was  to  be  expected  when  it  was  enacted, 
this  law  has  given  rise  to  an  enormous  amount 
of  blackmail,  and  has  caused  injury,  suffering, 
and  gross  injustice  to  many  innocent  persons. 
Its  enactment  was  due  largely  to  sensational 
and  grossly  exaggerated  reports  about  the 
white  slave  traffic  which  circulated  in  the  popu- 
lar press  and  literature  of  the  day,  and  which 
were  well  calculated  to  lead  to  hysterical  and 
ill-advised  legislation.8 

or  practice  by  persons  of  lewdness,  fornication,  unlawful  sexual 
intercourse  or  for  any  other  indecent  or  disorderly  act  or  ob- 
scene purpose  therein  or  any  place  of  public  resort  at  which  the 
decency,  peace  or  comfort  of  a  neighborhood  is  disturbed  shall 
be  guilty  of  a  misdemeanor."  (New  York  State  Penal  Code, 
1915,  Section  1146.) 

*See  the  following  articles  describing  the  hysteria  and  ex- 
aggeration involved  in  the  agitation  against  the  white  slave 


THE  FAILURE  TO  SUPPRESS     217 

REGULATION    INSTEAD   OF   SUPPRESSION 

The  injunction  and  abatement  laws  and  the 
laws  against  procuration  indicate  that  many  of 
the  laws  against  prostitution  are  neither  scien- 
tific nor  practical,  because  they  cannot  possibly 
attain  the  object  towards  which  they  are  di- 
rected, namely,  the  abolition  of  prostitution. 
This  social  evil  can  be  prevented  only  to  the 
extent  that  the  normal  sex  life  is  possible  for 
mankind.  In  spite  of  this  fact,  the  numerous 
religionists,  professional  moralists,  sentimen- 
talists, philanthropists,  reformers,  etc.,  who  are 
trying  to  suppress  prostitution,  not  only  are  not 
trying  to  provide  the  normal  sexual  life  for  all, 
but  many  of  them  are  actually  trying  to  deprive 
as  many  persons  as  possible  of  this  life.9  The 
folly  and  fatuousness  of  their  efforts  is  there- 
fore apparent. 

traffic: — Teresa  Billington-Greig,  The  Truth  About  White  Slav- 
ery, in  The  English  Review,  June,  1913,  pp.  428-46;  B.  Whit- 
lock,  The  White  Slave,  in  The  Forum,  Feb.,  1914,  pp.  193-216. 

Mrs.  Billington-Greig  comments  upon  the  furor  over  the 
white  slave  traffic  and  alleged  white  slavery  in  the  following 
words: — "The  Fathers  of  the  old  Church  made  a  mess  of  the 
world  by  teaching  the  Adam  story  and  classing  women  as  un- 
clean; the  Mothers  of  the  new  Church  are  threatening  the 
future  by  the  whitewashing  of  women  and  the  doctrine  of  the 
uncleanness  of  men."  (P.  446.) 

»  The  point  of  view  of  the  sentimentalists  is  well  illustrated 
in  the  following  characteristically  weak  book  by  a  woman 
writer: — Jane  Addams,  "A  New  Conscience  and  an  Ancient 
Evil,"  New  York,  1912.  A  still  weaker  presentation  of  the 
same  point  of  view  is  to  be  found  in  the  following  book  by 
another  woman: — Maude  E.  Miner,  "Slavery  of  Prostitution," 
New  York,  1916. 


218    PEKSONALITY  AND  CONDUCT 

Since  the  abolition  of  prostitution  is  impos- 
sible at  present,  the  practical  question  is  as  to 
whether  or  not  regulation  is  possible,  and  what 
kind  of  regulation  is  desirable.  This  is  a  much 
more  difficult  question  than  the  regulation  of 
the  other  social  evils  which  have  been  described 
in  this  book.  Alcohol  and  the  habit  forming 
drugs  are  poisons,  and  therefore  can  be  benefi- 
cially used  only  for  medicinal  purposes.  A 
craving  for  them  is  unhealthy  and  abnormal. 
Gambling  is  due  to  certain  human  weaknesses 
which  need  constant  restraint.  But  the  primary 
cause  of  prostitution  is  the  sexual  impulse, 
which  is  one  of  the  most  powerful  and  most  use- 
ful dynamic  forces  in  human  nature.  Conse- 
quently, prostitution  must  be  regulated  with 
the  utmost  caution  in  order  not  to  diminish  the 
utility  of  sex  in  the  life  of  mankind. 

So  long  as  prostitution  persists  society  must 
take  cognizance  of  it  and  decide  how  to  deal 
with  it.  The  difference  of  opinion  with  respect 
to  this  question  ranges  all  the  way  from  the 
opinions  of  those  who  think  that  prostitution 
should  not  be  regulated  at  all  to  the  opinions 
of  those  who  think  that  it  should  be  strictly  reg- 
ulated. The  discussion  of  this  subject  involves 
the  study  of  the  administration  of  police  meas- 
ures, the  treatment  of  the  procurer  and  the 
pimp,  and  various  sanitary  measures.  These 
measures  will  be  described  in  the  following 
chapter. 


CHAPTER  XVI 

THE  REGULATION    OF   PROSTITUTION 

PROSTITUTION  has  been  regulated  by  the  law 
at  many  times  and  places.  In  recent  years  it 
has  been  customary  to  regulate  it  in  most  of 
the  European  countries.  The  principal  objects 
of  such  regulation  have  been  to  rob  prostitution 
of  needless  publicity,  to  limit  its  scope  as  far 
as  is  feasible,  to  lessen  as  far  as  possible  its  in- 
fluence as  a  factor  for  disease,  and  to  aid  in  the 
detection  of  criminals. 

Among  the  principal  measures  used  to  attain 
these  ends  have  been  the  prohibition  of  solicit- 
ing in  the  streets  and  other  public  places,  the 
segregation  of  houses  of  prostitution,  the  regis- 
tration of  the  prostitutes,  the  periodical  medi- 
cal examination  of  the  prostitutes,  and  the  es- 
tablishment of  a  special  morals  police  for  the 
supervision  of  prostitution  and  for  the  enforce- 
ment of  these  regulations.1 

i  The  legal  and  police  regulation  of  prostitution  has  been 
described  by  many  writers,  among  whom  may  be  mentioned  the 
following: — A.  J.  B.  Parent- Duchatelet,  "De  la  prostitution 
dans  la  ville  de  Paris,"  Paris,  1857,  2  vole.;  W.  W.  Sanger, 
"The  History  of  Prostitution,"  New  York,  1859;  W.  Acton, 
"Prostitution  Considered  in  Its  Moral,  Social,  and  Sanitary 
Aspects,"  London,  1907;  S.  Amos,  "A  Comparative  Survey  of 
Laws  in  Force  for  the  Prohibition,  Regulation,  and  Licensing  of 

219 


220    PEESONALITY  AND  CONDUCT 

OPPOSITION    TO   REGULATION    OF   PROSTITUTION 

But  such  regulation  has  encountered  violent 
opposition  from  various  sources.  Many  per- 
sons, especially  in  this  country  and  in  Great 
Britain,  have  denounced  as  iniquitous  the  offi- 
cial recognition  of  this  evil  by  the  state.  They 
have  advocated  the  ostrich-like  attitude  of  ig- 
noring its  existence,  either  because  they  indulge 
vain  hopes  of  being  able  to  exterminate  it.  en- 
tirely, or  because  this  is  the  easiest  policy. 

This  is  the  point  of  view  ordinarily  assumed 
by  the  religionist  and  the  professional  moralist. 
Some  individuals,  especially  in  England,  have 
opposed  regulation  from  the  individualistic 
point  of  view  on  the  ground  that  it  is  an  unjusti- 
fiable invasion  of  the  rights  of  the  prostitutes 
and  of  any  other  persons  concerned.  Other  in- 
dividuals have  opposed  it  on  the  ground  that 
regulatory  measures  have  failed  in  practise.2 

Vice  in  England  and  Other  Countries,"  London,  1877;  Y. 
Guyot,  "Prostitution  under  the  Regulation  System,"  London, 
1884;  F.  Regnault,  "L'dvolution  de  la  prostitution,"  Paris, 
1906.  Also  the  following  articles  in  the  Archives  cTanthropolo- 
gie  criminelle: — V.  Augagneur,  La  prostitution  des  filles  min- 
eures,  Vol.  Ill,  1888,  pp.  209-28;  Wahl,  Peut-on  supprimer  la 
prostitution?  Vol.  XIX,  1904,  pp.  475-83;  J.  J.  Matignon,  La 
prostitution  au  Japon,  le  quartier  du  "Yoahitoara"  de  Tokio, 
Vol.  XXI,  1906,  pp.  697-715;  E.  Pachot,  Le  regime  actuel 
des  mceurs  en  France,  sa  reforme,  Vol.  XXIII,  1908,  pp.  697- 
721. 

Flexner  gives  a  good  description  of  regulation  in  Europe  In 
recent  times,  but  is  obviously  much  prejudiced  against  regu- 
lation. (A.  Flexner,  "Prostitution  in  Europe,"  New  York, 
1914.) 

2  Several  international  congresses  for  the  advocacy  of  the 


REGULATION  OF  PROSTITUTION    221 

In  view  of  what  has  been  said  it  is  obvious 
that  the  first  point  of  view  is  wholly  untenable. 
Inasmuch  as  it  is  hopeless  to  exterminate  pros- 
titution, it  is  stupid  and  harmful  to  ignore  its 
existence  and  to  refuse  to  face  the  problems  it 
presents.  The  second  point  of  view  has  some 
justification,  since  prostitutes  and  others  con- 
cerned have  frequently  been  mistreated  by  regu- 
latory measures.  But  it  must  be  remembered, 
on  the  other  hand,  that  certain  social  interests 
are  involved  which  must  be  safeguarded.  It 
is  also  true  that  regulatory  measures  have  fre- 
quently failed  in  practise,  either  because  they 
were  not  feasible  measures  or  because  they  have 
not  been  administered  efficiently.  But  this  is 
not  conclusive  proof  against  regulation,  so  that 
the  third  point  of  view  cannot  be  justified. 

THE  PRINCIPLES   OF   REGULATION 

It  is  impossible  to  describe  here  all  of  the 
regulatory  measures  which  may  be  used.  But 
the  principles  upon  which  they  should  be  based 
can  be  stated  briefly.  To  begin  with,  prostitu- 
tion as  such  should  not  be  stigmatized  as  crim- 
inal for  reasons  which  have  already  been  ade- 
quately stated.  The  regulation  of  prostitution 
should  have  the  same  status  as  the  regulation 

abolition  of  the  regulation  of  prostitution  have  been  held.  All 
of  these  points  of  view  have  been  represented  in  these  con- 
gresses, and  the  strange  vagaries  of  some  of  these  so-called 
"abolitionists"  are  revealed  in  their  reports. 


222     PERSONALITY  AND  CONDUCT 

of  many  other  professions  in  the  behalf  of  the 
public  welfare. 

The  publicity  of  prostitution  should  be  re- 
stricted by  law  as  much  as  is  feasible.  The 
principal  reason  for  this  restriction  is  the  pro- 
tection of  the  young.  It  goes  without  saying 
that  it  is  needless  and  frequently  harmful  for 
the  sexually  immature  to  come  in  contact  with 
this  profession.  But  it  is  desirable  also  in  or- 
der to  avoid  unnecessary  stimulation  of  the  sex- 
ual impulse  in  the  sexually  mature  as  well. 
This  impulse  is  usually  strong  enough  to  mani- 
fest itself  so  far  as  is  useful  without  any  arti- 
ficial stimulation. 

Furthermore,  inasmuch  as  sex  relations  are 
essentially  private  and  intimate  in  their  nature, 
they  should  not  be  degraded  by  giving  them 
needless  publicity.  By  this  I  do  not  mean  a 
prudish  concealment  of  the  facts  of  sex,  but  a 
judicious  restraint  upon  the  flaunting  in  the 
face  of  the  public  at  every  turn  of  the  activities 
of  a  profession  whose  function  is  the  gratifying 
of  sexual  passions. 

Such  public  advertizing  and  exploitation  of 
sex  inevitably  shocks  the  feelings  and  senti- 
ments of  most  persons.  It  is  liable  to  hinder 
the  efflorescence  of  the  play  function  of  sex  in 
its  more  complex  forms.  In  this  respect  pros- 
titution is  no  more  indecent  than  weddings  and 
conventional  marriage  in  general  are  indecent 
in  the  vulgar  publicity  which  they  give  to  inti- 


REGULATION  OF  PROSTITUTION    223 

mate  personal  relations  between  individuals  of 
the  opposite  sexes.  But  weddings  and  mar- 
riage have  the  sanction  of  the  church  and  the 
state,  while  the  unfortunate  prostitutes  are  trod 
into  the  mud  of  social  scorn  and  degradation. 

METHODS   OF   REGULATION 

Various  methods  may  be  used  to  restrict  the 
publicity  of  prostitution.  Open  soliciting  on 
the  streets,  in  theaters,  and  in  other  public 
places  should  be  prohibited.  But  the  police 
should  not  be  permitted  to  hound  the  prosti- 
tutes by  arresting  them  every  time  they  appear 
in  the  streets.  The  courts  should  require  in- 
controvertible proof  of  public  solicitation  be- 
fore convicting. 

Ordinarily  prostitutes  should  be  prohibited 
from  residing,  or,  to  say  the  least,  from  plying 
their  trade  in  certain  sections  of  the  city.  As 
a  general  rule,  they  should  be  barred  from  car- 
rying on  their  professional  activities  in  the  res- 
idential sections.  They  should  be  limited  in 
this  respect  to  the  outskirts  or  other  isolated 
parts  of  the  city,  or  to  the  business  districts. 

Whether  or  not  it  is  desirable  to  have  a  defin- 
ite segregated  district  depends  upon  local  con- 
ditions. In  Japan  and  elsewhere  this  method 
has  been  very  successful.  It  has  the  great  ad- 
vantage of  making  possible  a  very  close  super- 
vision over  the  prostitutes.  It  is  probably  the 
best  method  in  great  commercial  centers  and 


224    PERSONALITY  AND  CONDUCT 

wherever  there  is  a  large  transient  population. 
In  smaller  and  quieter  communities  with  a  more 
stable  population  it  may  not  be  desirable.  But 
in  all  cases  the  sale  of  alcoholic  liquors  should 
be  prohibited  in  houses  of  prostitution  because 
of  the  disorder  which  is  sure  to  result  from  it, 
and  advertizing  by  prostitutes  should  be  nar- 
rowly limited. 

Enforced  medical  examination  of  prostitutes 
has  frequently  been  more  or  less  of  a  failure  be- 
cause it  has  been  carried  out  very  inefficiently. 
But  the  venereal  diseases  constitute  so  grave  a 
social  evil  that  medical  inspection  should  be  rig- 
orously enforced  wherever  possible.  In  the 
places  where  this  has  been  done  the  venereal 
morbidity  has  been  greatly  diminished.3  The 

3  See,  for  descriptions  of  the  medical  inspection  of  prosti- 
tutes and  of  naval  sailors  and  marines  in  this  country, 
P.  S.  Schenck,  Control  of  Social  Diseases,  in  The  South  Mo- 
bilizing for  Social  Service,  published  by  the  Southern  Sociologi- 
cal Congress,  Nashville,  1913,  pp.  115-127;  R.  A.  Bachmann, 
The  Morality  of  Venereal  Prophylaxis,  in  the  N.  Y.  Medical 
Journal,  February  21,  1914;  C.  E.  Riggs,  A  Study  of  Venereal 
Prophylaxis  in  the  Navy,  in  Social  Hygiene,  Vol.  Ill,  No.  3, 
July,  1917,  pp.  299-312. 

Dr.  W.  Fischer,  police  physician  of  Altona,  Germany,  re- 
ports the  following  interesting  facts.  Of  the  registered  pros- 
titutes in  that  city  there  were  found  diseased  in  1908,  3.3%; 
in  1909,  2.7%;  in  1910,  2.4%;  in  1911,  2.2%;  in  1912,  2%;  in 
1913,  1.8%;  in  1914,  2.1%.  From  September,  1914,  to  April, 
1915,  there  were  examined  1,070  clandestine  prostitutes  of 
whom  336,  or  31%,  were  found  to  be  diseased.  That  is  to  say, 
the  venereal  morbidity  among  these  clandestine  prostitutes, 
who  were  not  subject  to  regular  inspection,  was  about  fifteen 
times  as  great  as  among  the  registered  prostitutes  who  were 
subject  to  regular  inspection.  So  that  medical  inspection, 
when  efficiently  administered,  is  apparently  very  effective  in 


REGULATION  OF  PROSTITUTION     225 

prostitutes  are  the  principal  centers  of  venereal 
infection  and  every  possible  measure  should  be 
taken  to  lessen  their  dangerousness.  Persons 
who,  owing  to  ethical  prepossessions  and  re- 
ligious prejudices,  oppose  these  measures  on  the 
ground  that  they  constitute  official  recognition 
of  an  immoral  profession  are  among  the  worst 
enemies  of  the  health  and  welfare  of  mankind.4 

It  goes  without  saying  that  the  medical  in- 
spection of  prostitutes  should  be  supplemented 
with  the  spreading  of  knowledge  among  the 
public  at  large  of  prophylactic  measures.  In 
fact,  every  sexually  mature  person  should  be 
adequately  instructed  in  sexual  hygiene  and  in 
the  control  of  procreation.  Not  otherwise  can 
human  beings  regulate  wisely  this  important 
aspect  of  their  lives. 

Ample  clinical  and  hospital  facilities  should 
be  provided  for  the  treatment  of  all  venereally 
infected  persons,  and  no  invidious  distinctions 
should  be  made  between  these  patients  and 

reducing  venereal  disease.  (Zur  Bekampfung  der  Qeschlecht- 
skrankheiten,  in  the  Medizinische  Klinik,  Vol.  XI,  No.  34, 
August  22,  1915,  pp.  936-938.) 

*  Such  opposition  has  been  regrettably  prevalent  in  this 
country.  Many  attempts  to  require  medical  inspection  of 
prostitutes  have  been  rendered  abortive  by  the  ignorant  and 
dangerous  opposition  of  clergymen,  professional  moralists,  vice 
crusaders,  women's  clubs,  social  hygiene  associations,  societies 
for  the  prevention  of  vice,  and  what  not.  Recently  the  chief 
of  police  of  an  American  city  endeavored  to  enforce  a  regula- 
tion that  prostitutes  should  be  required  to  furnish  their  cus- 
tomers with  prophylactic  instruments  for  the  prevention  of 
disease,  but  was  forced  to  desist  before  long  because  of  the 
public  outcry  against  this  so-called  official  recognition  of  vice. 


226    PERSONALITY  AND  CONDUCT 

those  who  are  afflicted  with  other  diseases.  In 
course  of  time  medical  examination  may  be  re- 
quired of  all  persons  and  treatment  may  be 
made  compulsory  for  all  ailments.  When  that 
time  comes  there  will  be  no  longer  any  invidious 
discriminations  against  prostitutes  in  these  re- 
spects. 

We  come  now  to  the  perplexing  question  of 
the  registration  of  habitual  prostitutes.  Such 
registration  is  customary  in  many  parts  of 
Europe  and  has  been  tried  in  some  American 
cities.  It  has  been  denounced  as  an  official  rec- 
ognition of  prostitution  and  as  stigmatizing  the 
prostitutes  unnecessarily  and  putting  them  in 
the  power  of  the  police.  But  it  helps  greatly 
in  carrying  out  regulatory  measures,  especially 
with  respect  to  limiting  the  scope  of  prostitu- 
tion, medical  inspection,  and  the  detection  of 
criminals.  If  prostitution  is  not  made  a  crime 
and  the  regulation  is  not  too  drastic,  the  power 
of  registering  prostitutes  is  not  likely  to  be 
abused  by  the  police. 

The  desirability  of  a  special  morals  police 
depends  largely  upon  local  police  conditions. 
When  properly  organized  and  controlled,  such 
a  body  is  likely  to  be  useful  in  large  cities.  But 
in  smaller  places  there  is  usually  no  need  of 
it.5 

5  For  an  exhaustive  discussion  of  the  problems  connected 
with  the  morals  police,  see  the  following  report  of  a  French 
extra-parliamentary  commission: — L.  Fiaux,  "La  police  des 
moeurs,"  Paris,  1907-1910,  3  vols. 


EEGULATION  OF  PROSTITUTION     227 

Regulatory  measures  can  never  be  applied  to 
all  of  the  prostitution  that  exists,  for  there  will 
always  be  some  clandestine  prostitution.  Such 
regulation  can  reach  only  the  habitual  prosti- 
tutes and  not  all  of  them,  but  cannot  reach  the 
large  number  of  women  who  prostitute  them- 
selves occasionally.  Furthermore,  it  is  only 
fair  to  the  prostitutes  to  recognize  that  in  the 
broadest  sense  of  the  word  any  pecuniary  re- 
muneration for  sexual  gratification  alone  con- 
stitutes prostitution.  Consequently,  a  vast 
number  of  idle  wives  and  "kept"  women  con- 
tribute to  the  sum  total  of  prostitution.  At 
present,  to  say  the  least,  these  quasi-prostitutes 
cannot  be  reached  by  the  above-mentioned  regu- 
latory measures,  but  there  is  not  the  same  social 
need  for  their  regulation  that  there  is  for  the 
regulation  of  the  highly  promiscuous  habitual 
prostitutes. 

In  all  probability  there  will  always  be  at  least 
a  small  amount  of  corruption  in  the  administra- 
tion of  these  regulations,  just  as  there  is  in  ev- 
ery branch  of  police  activity.  But  the  best 
guarantee  of  the  effectiveness  of  these  regula- 
tions and  the  best  preventive  of  corruption  is 
to  avoid  making  these  measures  too  drastic. 
Whenever  the  authorities  stigmatize  prostitu- 
tion as  criminal  and  endeavor  to  stamp  it  out 
entirely,  regulations  become  ineffective  and  cor- 
ruption becomes  rife,  thus  demoralizing  the  po- 
lice and  endangering  the  lives  and  property  of 


228     PERSONALITY  AND  CONDUCT 

the  public.  If  the  wiser  policy  of  recogniz- 
ing and  permitting  the  irreducible  minimum  of 
prostitution  is  adopted,  regulatory  measures 
will  have  a  fair  prospect  of  success. 

THE  PIMP 

In  this  connection  may  be  mentioned  the 
treatment  of  the  pimp  by  the  law.  The  pimp  is 
a  character  who  merits  more  or  less  the  obloquy 
cast  upon  him  by  society.  But  he  scarcely  de- 
serves the  drastic  treatment  meted  out  to  him 
by  the  law,6  because  several  things  may  be  said 
in  extenuation  of  the  pimp. 

In  the  first  place,  the  existence  of  the  pimp  is 
due  in  many  cases  to  the  natural  and  normal  de- 
sire of  the  prostitute  for  a  more  or  less  perma- 
nent relationship  with  a  man.  This  relation 
gives  her  relief  from  the  ordinary  sexual  prom- 
iscuity of  her  life,  and  furnishes  her  an  object 
for  what  is  frequently  a  genuine  love  and  devo- 
tion. In  fact,  in  these  cases  the  pimp  is  for  her 
the  mate  craved  by  every  normal  human  being, 
and  it  is  even  conceivable  that  in  some  cases 
this  feeling  is  reciprocated  by  the  pimp.  So 
that  the  pimp  is  sure  to  exist  as  long  as  prosti- 

« The  New  York  State  law  reads  as  follows: — "Every  male 
person  who  lives  wholly  or  in  part  on  the  earnings  of  prosti- 
tution, or  who  in  any  public  place  solicits  for  immoral  pur- 
poses, is  guilty  of  a  misdemeanor.  A  male  person  who  lives 
with  or  is  habitually  in  the  company  of  a  prostitute  and  has 
no  visible  means  of  support,  shall  be  presumed  to  be  living  on 
the  earnings  of  prostitution."  (N.  Y.  State  Penal  Code,  1915, 
Section  1148.) 


REGULATION  OF  PROSTITUTION     229 

tution,  and  it  is  fatuous  to  expect  to  destroy  him 
by  the  law. 

In  the  second  place,  the  pimp  is  frequently 
useful  to  the  prostitute.  Sometimes  he  pro- 
tects her  from  physical  violence  on  the  streets 
and  elsewhere.  But  more  frequently  he  assists 
her  in  her  conflicts  with  the  law.  He  furnishes 
this  assistance  by  securing  bail  for  her  when 
she  is  arrested,  by  engaging  counsel  for  her  de- 
fense, by  keeping  in  touch  with  her  when  she  is 
committed  to  a  prison  or  a  hospital,  and  by  aid- 
ing her  to  reestablish  herself  when  she  returns 
to  the  practise  of  her  profession.  In  fact,  in 
many  cases  it  would  be  impossible  for  her  to 
maintain  herself  without  his  assistance,  and  he 
becomes  in  effect  a  partner  with  her  in  her  pro- 
fession. 

Now  it  may  appear  as  if  the  law  should  try  to 
suppress  the  pimp  because  of  the  assistance 
which  he  furnishes  to  her.  But  it  must  be  rec- 
ognized that  she  needs  this  aid  largely  on  ac- 
count of  the  harsh  and  drastic  treatment  which 
she  frequently  receives  from  the  law  and  the 
police.  She  is  usually  too  weak  and  ignorant 
to  obtain  even  the  barest  justice  in  the  courts 
without  this  aid,  and  she  would  become  to  an 
even  greater  extent  the  prey  of  the  police, 
bondsmen,  lawyers,  etc.  The  actual  situation 
in  a  vast  number  of  cases  is  that  the  prostitute 
is  driven  unwillingly  into  the  arms  of  the  pimp 
by  the  persecution  and  hounding  she  receives 


at  the  hands  of  the  police,  the  courts,  etc.  How- 
ever much  he  may  maltreat  her  and  deprive  her 
of  her  earnings,  she  is  under  many  circum- 
stances better  off  with  him  than  she  would  be 
alone.  So  that  the  prevention  of  the  pimp  de- 
pends more  upon  the  reform  of  the  law  in  the 
direction  of  a  more  just  and  lenient  treatment 
of  the  prostitute  than  it  does  upon  the  legal 
prohibition  of  the  pimp.  This  is  one  of  the 
most  horrible  features  of  the  present  situation 
that  the  law  itself  puts  the  prostitute  so  fre- 
quently at  the  mercy  of  the  pimp. 

In  the  last  place,  it  may  be  said  in  extenua- 
tion of  the  pimp  that  he  should  be  classified  with 
the  other  parasitic  classes  in  society,  such  as 
the  idle  wives  and  the  leisure  class  of  men  and 
women  in  general.  To  be  sure,  the  pimp  may 
seem  to  display  rather  less  delicacy  of  taste  as 
to  the  manner  in  which  his  income  is  acquired. 
And  yet  who  shall  say  that  it  is  any  worse  than 
the  taste  of  the  numerous  wealthy  men  and 
women  whose  income  is  derived  from  the  suf- 
fering and  sacrifice  of  millions  of  men,  women, 
and  children  who  are  sweated  in  the  factories, 
fields  and  elsewhere ;  or  the  taste  of  the  many 
women  who  have  bartered  themselves  in  the 
"holy"  bonds  of  matrimony  for  the  pecuniary 
consideration  of  a  life  of  indolent  luxury.  If 
the  pimp  is  to  be  penalized,  it  would  perhaps  be 
only  just  to  him  to  penalize  these  other  para- 
sites as  well. 


REGULATION  OF  PROSTITUTION     231 

At  the  same  time,  as  has  already  been  said 
with  regard  to  procuration,  any  man  who  forces 
a  woman  into  prostitution  and  keeps  her  in  it 
against  her  will  should  be  severely  punished. 
The  prostitute  should  be  given  ample  recourse 
at  law  and  effective  protection  against  the  man 
who  coerces  her  or  who  terrorizes  her  into  giv- 
ing to  him  her  earnings.  Among  the  criminal 
procurers  and  pimps  are  to  be  found  some  of 
the  vilest  men  and  women  in  existence.  They 
seem  to  be  destitute  of  most  of  the  kindly  feel- 
ings and  are  responsible  for  a  form  of  human 
slavery  almost  as  hideous  as  any  which  has 
ever  existed. 

THE  "AGE  OF  CONSENT"  LAW 

Another  example  of  unwise  legislation  due 
to  the  hysterical  agitation  against  prostitution 
and  alleged  sexual  immorality  is  with  respect 
to  the  "age  of  consent"  for  females.  In  many 
places  the  penal  law  now  prescribes  that  sexual 
intercourse  with  a  female  under  eighteen  years 
of  age  to  whom  the  culprit  is  not  married  con- 
stitutes rape.7  In  some  places  the  age  of  con- 

7  For  example,  the  New  York  law  reads  as  follows: — "A 
person  who  perpetrates  any  act  of  sexual  intercourse  with  a 
female,  not  his  wife,  under  the  age  of  eighteen  years,  under 
circumstances  not  amounting  to  rape  in  the  first  degree,  is 
guilty  of  rape  in  the  second  degree,  and  punishable  with  im- 
prisonment for  not  more  than  ten  years."  (N.  T.  State  Penal 
Code,  1915,  Section  2010.) 

It  may  be  pointed  out  that  rape  in  the  first  degree  takes 
place  when  there  has  been  resistance,  or  when  resistance  has 
been  impossible. 


232    PEESONALITY  AND  CONDUCT 

sent  is  even  higher  and  many  anti-vice  societies 
and  other  religious,  ethical  and  reform  organi- 
zations are  constantly  endeavoring  to  push  the 
age  limit  up  as  high  as  possible,  even  as  high 
as  twenty-one  years. 

Now  it  is  evident  that  the  female  attains  sex- 
ual maturity  considerably  earlier  than  any  of 
these  ages,  usually  as  young  as  fourteen  or  fif- 
teen years  of  age.  Consequently,  it  is  possible 
for  the  female  of  fourteen  or  fifteen  to  be  mor- 
ally and  sexually,  so  to  speak,  responsible  for 
sexual  intercourse.  In  other  words,  she  may 
be  the  seducer  herself,  instead  of  having  been 
seduced  or  raped,  and,  as  a  matter  of  fact,  this 
is  the  actual  situation  in  many  cases.  Indeed, 
it  is  conceivable  that  she  may  be  morally  re- 
sponsible even  before  she  has  attained  sexual 
maturity,  for  curiosity  or  some  other  motive 
may  lead  her  to  induce  a  boy  or  man  to  have  in- 
tercourse with  her.  It  is  obvious  that  it  would 
be  the  grossest  injustice  in  any  one  of  these 
cases  to  punish  the  male. 

Furthermore,  it  is  an  insult  to  the  female  of 
twenty,  or  eighteen,  or  sixteen,  or  even  fifteen 
or  fourteen,  to  assume  that  she  is  totally  lack- 
ing in  intelligence  and  discretion,  and  that  her 
part  in  sexual  intercourse  could  be  nothing  more 
than  that  of  an  automaton.  But  what  is  much 
worse  is  that  it  is  positively  anti-social  and 
therefore  immoral  to  regard  as  morally  irre- 
sponsible a  person  who  can  be  and  doubtless  is 


REGULATION  OF  PROSTITUTION     233 

responsible,  for  by  so  doing  such  persons  will 
escape  the  just  consequences  of  their  acts.  One 
of  the  greatest  achievements  in  the  evolution  of 
criminal  law  has  been  the  gradual  recognition 
of  the  moral  responsibility  of  the  individual,  so 
that  the  legislation  with  respect  to  the  age  of 
consent  for  females  is  a  distinct  step  backward 
in  the  history  of  law. 

For  all  of  the  above  reasons  there  can  be  no 
excuse  whatsoever  for  an  arbitrary  age  of  con- 
sent for  females.  The  existing  laws  against 
seduction  and  rape  are  amply  sufficient  to  cover 
all  of  the  cases  of  enforced  and  involuntary  sex- 
ual intercourse  for  all  females  of  any  age  what- 
soever. Furthermore,  the  usual  legal  criteria 
of  responsibility  can  be  applied  in  these  cases 
as  in  all  other  cases  where  extreme  youth  raises 
a  question  as  to  the  moral  responsibility  of  the 
individual. 

But  this  is  not  all  that  can  be  said  against 
these  laws.  Such  legislation  has  failed  almost 
entirely  of  its  intended  effect  because  judges 
and  juries  are  naturally  and  wisely  slow  to  in- 
flict the  penalty  when  there  is  more  or  less  prob- 
ability that  the  female  is  as  responsible  or  even 
more  responsible  than  the  male.  There  is  little 
question  that  some  genuine  crimes  of  rape  have 
escaped  their  just  punishment  when  prosecuted 
under  such  a  law  because  the  courts  have  been 
fearful  of  punishing  innocent  persons.8 

s  Havelock  Ellis  cites  evidence  that  the  law  has  been  prac- 


234     PEESONALITY  AND  CONDUCT 

But  what  is  still  worse  is  that  such  legisla- 
tion renders  still  more  facile  the  bringing  of 
false  accusations  against  innocent  men.  This 
is  sometimes  done  by  hysterical  or  insane  fe- 
males who  do  not  even  realize  the  falsity  of  their 
accusations.  Or  it  is  done  for  purposes  of 
blackmail  by  clandestine  prostitutes  or  by 
other  immoral  and  criminal  females. 

While  these  accusations  are  not  necessarily 
successful  when  prosecuted,  or  may  not  even  be 
prosecuted,  they  are  almost  certain  to  do  a  vast 
amount  of  injury  to  their  innocent  victims,  and 
thus  cause  much  injustice.  It  is  easy  enough 
to  make  false  accusations  under  the  existing 
laws  against  seduction  and  rape.  It  is  easier 
to  do  so  under  the  "age  of  consent"  law,  be- 
cause less  evidence  is  needed  for  conviction 
under  this  law. 

tically  inoperative  in  New  York  State  where  the  age  of  consent 
is  eighteen,  and  that  there  has  not  been  a  single  prosecution 
under  the  law  in  New  South  Wales  where  the  age  of  consent 
is  no  higher  than  sixteen.  He  comments  as  follows  upon  the 
reasons  for  the  failure  of  such  legislation:  — 

"  Juries  naturally  require  clear  evidence  that  a  rape  has 
been  committed  when  the  case  concerns  a  grown-up  girl  in  the 
full  possession  of  her  faculties,  possibly  even  a  clandestine 
prostitute.  Moreover,  as  rape  in  the  first  degree  involves  the 
punishment  of  imprisonment  for  twenty  years,  there  is  a  dis- 
inclination to  convict  a  man  unless  the  case  is  a  very  bad 
one.  One  judge,  indeed,  has  asserted  that  he  will  not  give 
any  man  the  full  penalty  under  the  present  law,  so  long  as  he  is 
on  the  bench.  The  natural  result  of  stretching  the  law  to  un- 
due limits  is  to  weaken  it.  Instead  of  being,  as  it  should  be, 
an  extremely  serious  crime,  rape  loses  in  a  large  proportion  of 
cases  the  opprobrium  which  rightly  belongs  to  it."  (H.  Ellis, 
"The  Task  of  Social  Hygiene,"  London,  1912,  p.  290.) 


CHAPTER  XVII 

SEX   EDUCATION   AND   TRAINING 

THE  young  will  always  need  discipline  and 
training  with  respect  to  sex  as  with  regard  to 
every  other  aspect  of  life.  Previous  to  pu- 
berty there  is  comparatively  little  sexual  feel- 
ing and  desire,  so  that  there  is  slight  need  of 
direction  and  restraint.  But  during  this  early 
period  the  child  should  be  given  an  accurate 
scientific  knowledge  of  the  aspects  of  sex  which 
it  is  capable  of  understanding,  in  order  to  pre- 
pare it  for  the  time  when  matters  of  sex  will  be 
of  vital  importance  for  it. 

Every  intelligent  child  is  sure  to  have  its 
curiosity  aroused  with  respect  to  the  origin  of 
human  beings,  its  relations  to  its  parents,  and 
the  relation  of  its  parents  to  each  other.  Con- 
sequently, rather  than  to  keep  it  in  ignorance 
with  regard  to  these  important  facts  or  to  per- 
mit it  to  acquire  misinformation  from  other 
sources,  it  should  be  taught  the  elementary  facts 
with  respect  to  reproduction  and  the  family  or- 
ganization by  its  parents  or  other  adults  who 
have  care  of  the  child. 

This  teaching  should  include  the  essential 
facts  with  regard  to  the  fertilizing  of  the  mother 

235 


236    PERSONALITY  AND  CONDUCT 

by  the  father,  the  growth  of  the  child  within 
the  mother  and  its  delivery  from  the  mother,  the 
love  of  parents  for  their  children  and  their 
duty  to  care  for  them,  and  the  family  as  the 
natural  unit  for  the  rearing  of  children.  Chil- 
dren can  be  taught  these  facts  and  should  know 
them  previous  to  puberty.  This  teaching  can 
be  made  more  interesting  and  more  concrete  by 
illustrations  from  animal  and  plant  species,  and 
such  illustrations  will  indicate  to  the  child  its 
relation  to  the  organic  world. 

CHARACTERISTICS   OP   PUBERTY  AND  ADOLESCENCE 

But  the  child  is  incapable  of  understanding 
many  of  the  features  of  the  sexual  life  of  man 
until  it  experiences  the  sexual  instincts  and 
emotions.  These  instincts  and  emotions  do  not 
mature  until  after  puberty  is  reached.  Eecent 
psychological  research  has,  however,  proved 
that  even  previous  to  puberty  the  child  may  ex- 
perience sexual  impulses  and  feelings.1  The 
sexual  organs  and  the  other  erogenous  zones 
are  peculiarly  sensitive  to  stimulation  from  the 
time  they  first  develop,  so  that  parents  should 
guard  their  children  from  such  stimulation  from 
the  earliest  infancy. 

Puberty  takes  place  for  boys  usually  from 
thirteen  to  fifteen  years  of  age,  and  for  girls 
usually  from  eleven  to  fifteen  years  of  age. 

i  For   example,   the   literature   of   psychoanalysis   furnishes 
much  evidence  of  sexuality  in  infancy  and  childhood. 


This  is  the  age  at  which  the  sexual  organs  attain 
maturity  and  the  physiological  processes  con- 
nected with  sex  commence.  During  puberty 
also  develop  the  secondary  sex  traits,  such  as 
the  beard  and  the  bass  or  tenor  voice  in  the  boy, 
and  the  well-rounded  breasts  in  the  girl.  Fur- 
thermore, at  this  age  there  take  place  certain 
psychological  changes  which  are  of  great  im- 
portance. Puberty  is  also  a  period  of  rapid 
growth  for  the  young. 

There  are  great  individual  differences  be- 
tween children  in  their  sexual  traits  as  in  all 
their  traits.  The  age  at  which  puberty  is 
reached  is  not  the  same  for  all.  The  rapidity 
with  which  the  sexual  organs  mature,  and  con- 
sequently the  length  of  duration  of  the  period 
of  puberty  and  adolescence,  varies  considerably 
from  one  person  to  another.  The  physical 
changes  caused  by  puberty  have  a  varying  ef- 
fect upon  the  mental  states  of  the  boy  or  girl. 

At  puberty  the  sexual  glands  begin  to  secrete 
their  characteristic  fluids.  These  fluids  contain 
the  germ  cells  which  when  fertilized  develop 
into  new  human  beings.  But  the  secretions  of 
the  sexual  glands,  like  those  of  several  other 
glands  in  the  body,  also  send  stimuli  to  all  parts 
of  the  body  and  thus  have  a  constitutional  effect. 
This  stimulation  apparently  takes  place  by  the 
absorption  of  some  of  the  fluid  secreted  by  the 
sexual  glands  into  the  blood,  which  is  then  car- 
ried through  the  vascular  system  and  excites 


238     PERSONALITY  AND  CONDUCT 

the  nerve  centers  in  many  parts  of  the  body. 

This  stimulation  is  a  new  experience  and  a 
new  factor  in  the  life  of  the  adolescent.  It  has 
a  marked  effect  upon  the  mental  states  of  the 
individual.  It  is  the  principal  cause  in  the  ado- 
lescent of  the  restlessness,  the  excitability,  the 
variability  of  mood,  the  awakening  of  ambition, 
the  shyness  and  reticence,  and  the  new  romantic 
interest  in  the  opposite  sex  which  characterizes 
adolescence.  It  is  an  indication  of  the  matur- 
ing of  the  sexual  instincts  and  emotions  which 
will  thereafter  play  an  important  part  in  the 
life  of  the  individual. 

This  physical  and  mental  condition  puts  the 
adolescent  under  great  strain,  and  not  the  least 
trying  feature  of  this  condition  is  the  ignorance 
of  the  adolescent  as  to  its  causes.  It  is  there- 
fore most  important  that  as  rapidly  as  is  feas- 
ible this  information  should  be  furnished  to 
the  adolescent.  The  way  in  which  it  is  given 
must  be  adjusted  to  the  previous  education,  the 
intelligence,  and  the  temperament  of  the  indi- 
vidual adolescent.  Consequently,  it  demands 
the  best  judgment  and  the  utmost  sympathy  and 
tactfulness  on  the  part  of  the  parent  or  teacher. 

On  account  of  the  extent  of  the  changes  of 
puberty  and  adolescence  and  their  great  signifi- 
cance for  the  after  life  of  the  individual,  parents 
should  watch  their  children  carefully  for  the 
first  signs  of  puberty.  If  they  are  not  sure  of 
being  able  to  detect  these  signs,  it  may  be  well 


SEX  EDUCATION  AND  TRAINING     239 

to  use  medical  assistance  for  this  purpose. 
They  should  then  be  prepared  to  give  their 
children  the  physical  care,  the  training,  and 
the  instruction  which  their  condition  demands. 

Owing  to  the  great  strain  caused  by  rapid 
growth  and  the  changes  which  have  been  de- 
scribed, adolescents  should  be  under  the  best 
possible  physical  conditions.  They  should  have 
plenty  of  wholesome  food,  restful  sleep,  and  op- 
portunity to  play,  and  should  not  be  required  to 
work  very  hard.  Furthermore,  this  is  an  im- 
portant period  for  the  training  of  character, 
during  which  the  will,  the  judgment,  and  the 
sympathetic  nature  of  the  adolescent  should  be 
developed  as  highly  as  possible.  However,  in 
these  respects  the  period  of  puberty  and  ado- 
lescence does  not  differ  greatly  from  the  earlier 
period  in  the  life  of  the  young,  for  it  goes  with- 
out saying  that  during  early  childhood  also  the 
physical  environment  should  be  good  and  the 
character  should  be  trained. 

But  with  puberty  come  the  physiological  pro- 
cesses connected  with  sex  and  their  mental  con- 
sequences. These  changes  mark  this  period  off 
sharply  from  the  previous  life  of  the  individual 
and  call  for  several  changes  in  the  training  and 
education  of  the  adolescent. 

The  significant  difference,  therefore,  between 
adolescence  and  the  pre-adolescent  period  is 
that  with  the  arrival  of  puberty  come  impulses 
and  feelings  which  give  rise  to  new  mental 


240     PERSONALITY  AND  CONDUCT 

states  and  may  lead  to  new  kinds  of  conduct. 
While  the  information  given  to  the  pre-adoles- 
cent  is  largely  in  response  to  an  intellectual 
curiosity  with  respect  to  the  facts  of  reproduc- 
tion, the  information  now  given  should  be  for 
the  purpose  of  influencing  the  mental  condition 
and  directing  the  conduct  during  the  period  of 
mental  and  physical  stress  incident  upon  the 
changes  of  puberty  and  adolescence.  Further- 
more, pre-adolescent  experiences  do  not  furnish 
an  adequate  basis  for  comprehending  the  rela- 
tions between  men  and  women,  so  that  this  com- 
prehension can  be  attained  only  after  puberty 
is  reached,  and  it  should  be  the  purpose  of  the 
sex  education  of  adolescents  to  give  them  this 
comprehension. 

SEX   EDUCATION   FOR  ADOLESCENTS 

It  is  not  an  easy  task  to  outline  a  system  of 
sex  education  for  adolescents  nor  to  apply  such 
a  system  in  individual  cases.  It  is  doubtless 
true  that  it  would  be  well  to  put  as  much  as 
possible  of  this  instruction  for  adolescents  as 
well  as  for  the  younger  children  into  a  general 
scheme  of  scientific  education  to  be  carried  out 
in  the  schools.  In  such  a  scheme  the  facts 
with  regard  to  reproduction  would  be  taught  at 
the  proper  point  in  the  study  of  the  organic 
world.  They  should,  of  course,  be  taught  by 
teachers  who  are  well  equipped  for  the  task  and 
who  will  point  out  the  relation  between  these 


SEX  EDUCATION  AND  TRAINING     241 

facts  and  the  other  facts  of  nature.  Thus  the 
child  and  adolescent  would  learn  many  of  the 
essential  facts  concerning  sex  without  any  un- 
due emphasis  which  would  arouse  an  abnormal 
interest  in  them.  This  teaching  should  be  as 
impersonal  as  possible. 

Unfortunately  few  if  any  schools  as  yet  fur- 
nish adequate  instruction  on  this  subject,  and 
many  of  them  offer  none  at  all.  So  that  it  is  at 
present  incumbent  upon  most  parents  to  furnish 
all  or  most  of  this  instruction  to  their  children. 
And  even  if  the  schools  generally  offered  ade- 
quate instruction  concerning  sex,  it  would  still 
be  necessary  for  parents  to  play  an  important 
part  in  the  sex  education  of  their  children. 

The  school  teacher  cannot  be  well  acquainted 
with  the  individual  peculiarities  of  his  or  her 
pupils.  In  fact,  the  teacher  should  ordinarily 
deal  impersonally  with  these  matters  so  far  as 
the  pupils  are  concerned.  On  the  other  hand, 
the  parents  are  the  natural  advisers  and  confi- 
dants of  their  children  in  such  matters.  They 
can  and  should  acquaint  themselves  with  the 
individual  peculiarities  of  their  children,  and 
should  try  to  attain  a  footing  of  sympathetic 
intimacy  with  them. 

Parents  must  prepare  themselves  for  this 
task.  In  the  first  place,  it  would  be  well  for 
them  to  recollect  as  vividly  as  possible  their 
own  experiences  during  puberty  and  adoles- 
cence in  order  to  be  able  to  sympathize  to  the 


242     PERSONALITY  AND  CONDUCT 

highest  possible  degree  with  the  corresponding 
experiences  of  their  children.  In  the  second 
place,  they  should  acquaint  themselves  with  the 
anatomy  and  physiology  of  the  sexual  organs 
and  the  changes  which  take  place  during  pu- 
berty and  adolescence.  In  the  third  place,  it 
would  be  well  for  them  to  acquaint  themselves 
with  the  psychology  of  puberty  and  adolescence 
and  of  sex  in  general. 

The  best  source  of  information  concerning  the 
anatomy  and  physiology  of  sex  is  to  be  found 
in  the  standard  general  treatises  on  anatomy 
and  physiology.  From  these  works  available 
in  the  libraries  the  parent,  though  a  layman  in 
science,  can  glean  enough  information  for  the 
sex  instruction  of  the  adolescent.  Many  popu- 
lar books  for  adolescents  and  for  the  parents 
of  adolescents  have  been  written.  But  most 
of  these  books  unfortunately  are  not  scientifi- 
cally reliable,  because  they  have  been  written 
by  religionists  and  professional  moralists  with 
a  religious  and  moral  bias  or  by  other  equally 
incompetent  persons.  In  any  case,  the  stand- 
ard works  furnish  the  best  source  of  informa- 
tion. 

In  addition  to  this  information  the  marital 
and  parental  experiences  of  the  parents  should 
aid  them  greatly  in  determining  what  kind  of 
training  and  instruction  are  needed  by  their 
children  to  prepare  the  children  for  similar 


SEX  EDUCATION  AND  TRAINING    243 

experiences  when  they  have  attained  matur- 
ity. 

With  this  preparation  parents  should  be  able 
to  make  their  offspring  comprehend  the  func- 
tions of  sex.  In  all  of  the  species  character- 
ized by  sex  the  first  and  fundamental  function 
of  sex  is  the  reproduction  and  the  perpetuation 
of  the  species.  But  in  all  of  the  higher  animals 
sex  has  attained  another  function  which  in  man 
has  acquired  great  cultural  value.  In  order  to 
bring  the  sexes  together  for  purposes  of  repro- 
duction and  to  provide  for  the  care  of  the  young, 
powerful  instincts  and  emotions  have  evolved 
in  the  higher  animals,  and  especially  in  man, 
which  attract  the  sexes  to  each  other  and  hold 
together  those  who  have  mated  in  order  to  form 
the  family  group  in  which  the  young  can  be 
reared. 

This  secondary  function  of  sex,  which  I  have 
named  the  play  function,  has  played  an  impor- 
tant part  in  social  and  cultural  evolution  both 
because  it  has  caused  the  evolution  of  the  fam- 
ily, and  because  these  sexual  instincts  and  emo- 
tions have  caused  much  of  human  achievement 
in  art,  literature,  and  philosophy.  Further- 
more, many  military,  political,  and  economic 
achievements  have  been  due  to  male  gallantry 
in  behalf  of  women  and  sexual  rivalry  among 
men,  while  the  tender  devotion  of  woman  for 
man  has  enriched  human  life  greatly. 


244     PERSONALITY  AND  CONDUCT 

The  instruction  in  each  case  must  be  adjusted 
according  to  the  best  judgment  of  the  parents 
to  the  peculiarities  and  circumstances  of  the 
individual  adolescent.  The  age  at  which  and 
the  extent  to  which  curiosity  is  aroused  with  re- 
spect to  sex  varies  considerably  from  individual 
to  individual  and  is  influenced  somewhat  by  the 
environment.  If  there  has  been  no  school  in- 
struction in  sex  and  no  parental  instruction 
during  early  childhood,  then  the  instruction 
must  begin  with  the  elementary  facts  concern- 
ing sex.  In  doing  so  the  parents  should  en- 
deavor to  ascertain  whether  or  not  the  child  has 
already  acquired  any  misinformation  on  the 
subject,  and  then  try  to  counteract  the  effects 
of  such  misinformation. 

If  the  child  has  already  received  school  or  pa- 
rental instruction,  then  the  endeavor  of  the  pa- 
rent should  be  to  supplement  the  knowledge  al- 
ready received  so  as  to  make  it  more  adequate 
with  respect  to  the  functions  and  significance  of 
sex.  If  there  is  school  instruction  but  the  child 
is  intellectually  precocious  or  puberty  comes 
unusually  early,  it  may  be  well  for  the  parent 
to  anticipate  the  school  instruction  by  furnish- 
ing the  desired  information.  In  some  cases  it 
may  be  possible  to  quiet  the  child's  questionings 
until  such  time  as  it  receives  the  information  in 
school.  But  as  a  rule  it  is  better  to  give  the  in- 
formation as  soon  as  curiosity  has  been  aroused. 

There  is  perhaps  no  period  of  life  during 


SEX  EDUCATION  AND  TRAINING    245 

which  a  sympathetic  understanding  of  his  or 
her  condition  is  more  needed  than  by  the  ado- 
lescent. For  this  reason  it  is  as  a  rule  prefer- 
able that  the  male  adolescent  shall  receive  his 
sex  instruction  from  his  father  and  the  female 
adolescent  shall  receive  her  instruction  from 
her  mother.  It  is  obvious  that  the  father  can 
understand  more  sympathetically  the  condition 
of  the  son  because  of  his  own  experience  with 
male  adolescence,  and  that  the  mother  can  un- 
derstand more  sympathetically  the  condition  of 
the  daughter  because  of  her  own  experience  with 
female  adolescence.  But  it  is  also  well  that  at 
times  the  adolescent  should  discuss  these  mat- 
ters with  both  parents  in  order  to  realize  more 
fully  than  would  otherwise  be  possible  the  mu- 
tuality of  the  parenthood  of  the  parents  and 
their  cooperation  in  the  rearing  of  their  off- 
spring. 

In  the  first  place,  the  education  of  the  child 
concerning  the  reproductive  process  may  now 
be  completed  in  connection  with  the  explana- 
tion of  the  physiological  processes  which  begin 
at  puberty.  The  significance  of  the  periodic 
menstruation  for  reproduction  should  be  ex- 
plained to  the  girl  and  the  corresponding  signifi- 
cance of  the  seminal  flow  should  be  explained 
to  the  boy.  At  the  same  time  or  as  soon  after 
as  seems  advisable  the  adolescent  of  each  sex 
should  be  told  of  the  related  physiological  pro- 
cess in  the  opposite  sex. 


246    PERSONALITY  AND  CONDUCT 

The  adolescent  will  now  have  an  adequate 
conception  of  the  function  of  sex  in  parenthood 
and  of  the  mutual  character  of  parenthood.  In 
this  connection  it  may  also  be  well  to  describe 
briefly  the  nature  of  the  parental  instincts  and 
emotions  which  are  already  awakening  and 
which  will  attain  their  full  expression  later 
when  the  adolescent  experiences  parenthood. 

In  the  second  place,  the  adolescent  should  now 
be  taught  as  far  as  is  feasible  the  significance 
of  the  relations  between  the  sexes  apart  from 
and  in  addition  to  reproduction.  The  main  ob- 
ject of  this  instruction  should  be  to  make  the 
adolescent  realize  that,  in  addition  to  resulting 
in  reproduction  and  all  that  parenthood  im- 
plies, the  sex  relation  is  an  important  and  nec- 
essary part  of  a  full  and  satisfactory  life 
throughout  maturity.  It  should  therefore  be 
impressed  upon  the  adolescent  that  it  is  his  or 
her  duty  and  interest  to  prepare  for  a  perma- 
nent sex  relation  which  will  add  greatly  to  the 
happiness  and  richness  of  life.  It  goes  without 
saying  that  the  chief  requisite  to  attain  this  end 
is  the  choice  of  a  suitable  mate  both  for  mutual 
parenthood  and  as  a  life  companion. 

The  instruction  with  respect  to  the  second  or 
play  function  of  sex  may  and  should  be  com- 
menced before  the  age  of  sixteen  is  reached. 
But  it  need  not  and  in  many  cases  cannot  be 
completed  until  after  that  age  is  passed,  and 
should  be  continued  for  some  years  longer  until 


the  adolescent  lias  attained  maturity  and  is  pre- 
pared in  every  respect  to  contract  a  sex  rela- 
tion. This  part  of  the  sex  education  should  be 
connected  with  a  discussion  of  the  larger  as- 
pect of  sex  as  a  powerful  force  in  social  and  cul- 
tural evolution. 

In  some  cases  the  discussion  of  the  cultural 
significance  of  sex  may  begin  before  the  age  of 
sixteen  is  reached,  but  in  other  cases  it  may  not 
be  feasible  to  do  so  until  later.  In  fact,  the 
time  for  commencing  the  second  part  of  sex 
education  must  depend  upon  the  individual  pe- 
culiarities of  the  adolescent.  If  puberty  is 
tardy  or  the  intelligence  is  sluggish  it  may  be 
necessary  to  postpone  most  of  this  part  of  the 
education  until  after  the  age  of  sixteen. 

NEGATIVE    SEX    TRAINING 

The  fundamental  note  of  all  sex  education 
should  be  positive  with  a  view  to  preparing  the 
young  for  a  sex  life  which  will  be  normal  in  ev- 
ery respect  during  maturity.  But  it  is  also  nec- 
essary to  touch  more  lightly  upon  the  negative 
side  of  sex  in  order  to  guard  the  young  against 
the  dangers  incident  to  sex. 

The  extent  to  which  it  is  necessary  for  the 
parent  to  discuss  these  matters  with  the  ado- 
lescent must  depend  upon  the  environment  and 
traits  of  the  individual.  If  the  environment 
furnishes  many  temptations  and  the  adolescent 
is  temperamentally  prone  to  succumb  to  such 


248    PERSONALITY  AND  CONDUCT 

temptations,  it  may  be  necessary  to  discuss 
these  dangers  at  length  and  in  great  detail  in 
order  to  impress  the  adolescent  with  the  im- 
portance of  avoiding  them.  But  otherwise  it 
is  preferable  to  delay  the  discussion  of  these 
matters  until  later,  perhaps  until  after  the  age 
of  sixteen  is  passed,  in  order  to  put  the  empha- 
sis on  the  positive  aspect  of  sex. 

In  all  discussion  of  these  dangers  the  utmost 
care  should  be  taken  to  avoid  shocking  and 
alarming  the  boy  or  girl  in  such  a  way  as  to 
cause  a  shrinking  and  fearful  attitude  towards 
sex  which  will  interfere  with  a  normal  sex  life 
during  maturity.  In  fact,  such  a  shrinking  and 
fearful  attitude  is  in  itself  a  serious  danger,  be- 
cause it  may  lead  to  frigidity  or  psychic  impo- 
tence. 

The  principal  dangers  to  be  mentioned  are 
those  of  disease,  self -abuse,  and  premature  pa- 
renthood. 

The  diseases  connected  with  the  sexual  or- 
gans and  communicated  by  sexual  relations 
which  are  called  the  venereal  diseases  are,  like 
all  other  diseases,  disagreeable  and  distasteful 
to  contemplate.  They  are  peculiarly  offensive 
in  their  nature  because  they  are  connected  with 
organs  and  processes  which  have  a  peculiar 
value  and  significance  for  the  individual  and 
for  the  race.  For  this  reason  it  is  desirable  to 
keep  the  knowledge  of  the  existence  of  these  dis- 
eases from  the  young  as  long  as  it  is  safe  to  do 


SEX  EDUCATION  AND  TRAINING     249 

so,  in  order  to  avoid  the  possibility  of  marring 
the  beauty  of  their  first  impressions  of  sex  with 
a  repugnant  association. 

But  if  their  environment  puts  them  in  danger 
of  these  diseases,  they  should  be  informed  fully 
and  frankly  as  to  the  nature  of  these  diseases 
as  soon  as  seems  necessary.  They  should  be 
duly  impressed  with  the  seriousness  of  these 
diseases,  but  these  dangers  should  not  be  exag- 
gerated, because  such  exaggeration  may  cause  a 
reaction  against  sex  which  will  interfere  se- 
riously with  the  normal  sexual  activity  of  the 
individual  throughout  maturity. 

There  is  much  danger  that  adolescents,  and 
especially  boys,  will  acquire  the  habit  of  mas- 
turbation. Parents  should  watch  their  children 
with  a  view  to  ascertaining  whether  or  not  this 
habit  is  becoming  established.  They  should  ex- 
plain to  the  boy  or  girl  that  such  a  habit  is  a 
strain  upon  the  body  and  mind  and  is  not  a  nor- 
mal form  of  sex  expression.  Along  with  such 
instruction  the  parents  should  take  prophylac- 
tic measures,  the  most  important  of  which  is  to 
furnish  the  adolescent  with  plenty  of  opportu- 
nity for  vigorous  out-of-door  exercize. 

From  the  humane  point  of  view  no  form  of 
parenthood  is  offensive.  But  it  should  be  im- 
pressed upon  adolescents  that  it  is  not  desirable 
to  become  a  parent  until  sufficient  maturity  has 
been  attained  to  fit  a  person  for  the  rearing  of 
children  and  until  a  suitable  mate  has  been 


250     PERSONALITY  AND  CONDUCT 

found.  Premature  parenthood  is  obviously 
unfair  to  the  offspring.  The  girl  especially 
should  be  taught  the  dangers  of  premature 
pregnancy  and  motherhood.  The  boy  should 
be  brought  to  realize  the  seriousness  of  causing 
pregnancy  in  a  woman  and  of  becoming  a  fa- 
ther himself. 

Adolescents  of  both  sexes  should  be  made  to 
feel  that  for  biological,  economic,  and  social 
reasons  they  are  not  fitted  for  parenthood  but 
should  be  preparing  for  it.  They  should  be 
taught  contraceptive  measures  so  as  to  be  able 
to  use  them  when  they  begin  to  have  sexual  re- 
lations. They  should  also  be  given  some  knowl- 
edge of  eugenics  to  aid  them  in  choosing  a  suit- 
able mate  for  mutual  parenthood.  They  should 
be  made  to  feel  that  not  until  a  suitable  mate 
has  been  found  are  they  ready  for  successful  bi- 
parental  rearing  of  offspring. 

There  are  various  other  dangers  in  the  sex 
life  of  mankind,  such  as  the  sexual  aberrations 
and  perversions.  But  it  would  be  gratuitous 
and  sometimes  harmful  to  describe  these  aber- 
rations to  the  adolescent  unless  he  or  she  dis- 
plays a  marked  tendency  to  acquire  one  of  them. 
This  probably  happens  most  frequently  when 
habitual  masturbation  is  likely  to  give  rise  to 
permanent  auto-erotism.  However,  it  is  need- 
less for  most  adolescents  to  learn  of  these  aber- 
rations before  maturity  has  been  reached. 


CHAPTER  XVIII 

THE   ORGANIZATION    OP   SEX   RELATIONS 

THE  preceding  ten  chapters  furnish  a  brief 
survey  of  man 's  attempts  to  organize  and  regu- 
late one  of  the  most  important  aspects  of  his 
life,  namely,  his  sex  life.  This  survey  reveals 
a  long  series  of  blunders  and  failures  which 
have  caused  a  vast  amount  of  unhappiness  and 
misery  for  mankind.  It  is  only  necessary  to 
mention  asceticism,  the  double  standard  of  sex 
freedom,  prostitution,  bastardy,  indissoluble 
marriage,  the  venereal  diseases,  the  sexual  aber- 
rations, frigidity,  psychic  impotence,  the  mis- 
mated  and  the  unmated  to  indicate  the  extent 
of  this  misery. 

The  sex  problem  was  much  simpler  for  primi- 
tive men.  We  are  probably  justified  in  sur- 
mising that  under  the  influence  of  the  sexual 
urge  early  men  took  their  sexual  gratification 
as  they  could  find  it.  The  males  appropriated 
the  females  for  this  purpose,  and  the  females 
probably  did  not  usually  resist  because  it  was  a 
source  of  gratification  for  them  also.  Perhaps 
the  only  sufferers  were  a  few  of  the  weaker  men 
who  were  unable  to  secure  mates. 

251 


252     PERSONALITY  AND  CONDUCT 

But  as  time  went  by  many  restrictions  arose, 
some  of  which  have  been  described  in  the  pre- 
ceding chapters.  The  discovery  of  the  causal 
relation  between  sexual  intercourse  and  repro- 
duction led  to  many  of  these  restrictions.  Mag- 
ical and  religious  beliefs  gave  rise  to  many 
restrictions.  Among  primitive  peoples  totemic 
and  exogamous  regulations  of  sex  played  an  im- 
portant part.  These  regulations  have  disap- 
peared almost  entirely  among  civilized  peoples. 
The  evolution  of  more  or  less  permanent  forms 
of  economic  and  social  organization  led  to  more 
or  less  fixed  types  of  sex  relationship.  Va- 
rious forms  of  marriage  thus  arose,  including 
group  marriage,  polygyny,  polyandry,  and  mon- 
ogamy. 

Monogamy  has  become  the  conventional  type 
of  marriage  among  practically  all  civilized  peo- 
ples, and  is  recognized  and  enforced  by  the  law. 
This  type  of  marriage  is  supported  in  part  by 
the  prevalent  theory  that  mankind  is  by  nature 
monogamous  and  not  promiscuous.  But  this 
theory  is  not  necessarily  proved  by  the  available 
facts.  It  is  evident  that  monogamous  marriage 
is  maintained  in  large  part  by  artificial  insti- 
tutions and  conventions  which  may  or  may  not 
be  in  accordance  with  human  innate  tendencies. 
As  a  matter  of  fact,  there  was  doubtless  a  great 
deal  of  promiscuity  among  early  men,  while 
there  is  still  much  promiscuity  outside  of  the 
conventional  bonds  of  marriage  despite  the 


THE  ORGANIZATION  OF  SEX     253 

powerful  forces  of  law,  religion,  and  conven- 
tional morality. 

The  truth  probably  is  that  while  there  are 
certain  strong  forces  for  monogamy,  which  I 
will  mention  presently,  human  sexual  impulses 
and  desires  are  more  or  less  wayward  according 
to  the  nature  of  the  education  and  training  re- 
ceived and  the  exigencies  of  the  environment. 
In  other  words,  it  is  impossible  to  characterize 
mankind  categorically  as  either  monogamous 
or  promiscuous.  Both  of  these  tendencies  must 
be  recognized  in  human  nature.  It  is  very  es- 
sential that  this  fact  should  be  remembered  in 
any  attempt  to  organize  sex  relations. 

It  is  customary  nowadays  to  regard  purity 
in  sex  relations  as  limited  to  the  conventional 
monogamic  relation.  Monogamy  is  character- 
ized as  "chaste"  and  "continent"  as  contrasted 
with  all  other  relations  which  are  by  implica- 
tion "unchaste"  and  "incontinent."  This  no- 
tion is  especially  pronounced  as  applied  to 
woman.  Virtue  in  woman  is  restricted  almost 
entirely  to  her  conformity  to  the  prevailing  sex 
mores. 

It  is  obvious  that  these  terms  are  grossly  mis- 
used. Purity  and  virtue  are  concerned  with  the 
whole  life  of  man,  and  not  with  the  sex  life 
alone.  Chastity  is  sexual  abstinence.  Conti- 
nence is  self  restraint  in  sexual  indulgence. 
Consequently,  it  is  to  be  expected  that  mono- 
gamic marriage  is  very  frequently,  perhaps 


254     PERSONALITY  AND  CONDUCT 

usually,  far  more  unchaste  and  incontinent 
than  other  forms  of  sexual  indulgence,  because 
it  has  the  advantage  over  these  other  forms  of 
possessing  the  sanctions  of  law,  religion,  and 
conventional  morality. 

An  excessive  degree  of  reticence  prevails  at 
present  with  respect  to  the  discussion  of  sex 
matters.  This  reticence  is  due  in  part  to  the 
strong  emotional  content  of  sex  which  makes  it 
difficult  for  men  and  women  to  discuss  matters 
of  sex  calmly  and  impersonally.  But  this  reti- 
cence has  been  exacerbated  into  an  unnatural 
and  almost  morbid  attitude  towards  sex  by  sex 
repression  arising  out  of  magical  and  religious 
notions  with  respect  to  the  uncleanness  of  sex, 
and  the  conventional  ideas  with  respect  to  the 
impurity  of  sex  manifestations  outside  of  the 
orthodox  monogamic  bond. 

An  intelligent  discussion  and  solution  of  the 
sex  problems  of  the  day  demands  a  frank  and 
natural  mental  attitude  towards  sex.  It  must 
be  recognized  that  the  sex  life  is  one  of  the  most 
important  aspects  of  human  life,  and  that  the 
gratification  of  the  sexual  impulse  is  an  impera- 
tive need  second  only  to  hunger.  The  prevail- 
ing sex  taboo,  on  the  contrary,  gives  rise  to  an 
unhealthy  and  ugly  pruriency. 

On  the  other  hand,  as  soon  as  the  sex  problem 
is  frankly  faced  and  solved,  sex  will  no  longer 
occupy  an  exaggerated  place  in  the  conscious- 
ness of  mankind,  as  is  the  danger  under  exist- 


THE  ORGANIZATION  OF  SEX     255 

ing  conditions  of  sex  repression.  Under  such 
repression  sex  tends  to  break  out  at  many  points 
and  to  color  human  activities  unduly,  thus  giv- 
ing modern  civilization  a  misleading  appear- 
ance of  being  over-sexed.  Furthermore,  when 
sex  is  repressed  it  is  very  likely  to  manifest 
itself  in  pathological  forms,  as,  for  example, 
sexual  aberrations.  If  sex  were  given  its 
proper  scope,  it  would  not  invade  other  spheres 
of  human  thought,  feeling,  and  activity. 

SEX  RELATIONS  FOB  YOUNG  ADULTS 

The  starting  point  for  an  intelligent  discus- 
sion and  solution  of  the  sex  problem  doubtless  is 
sex  education  and  training.  Such  a  system  of 
education  as  has  been  described  in  the  preced- 
ing chapter  would  develop  a  natural  and  frank 
attitude  towards  sex  on  the  part  of  the  young. 
It  would  furnish  each  adolescent  an  intelligent 
comprehension  of  all  the  interests  involved  in 
the  sex  relation,  namely,  the  interests  of  the  op- 
posite sex  and  of  possible  offspring,  as  well  as 
his  or  her  own  interests.  Thus  the  adolescent 
would  be  enabled  to  estimate  fairly  accurately 
the  extent  to  which  sexual  indulgence  is  desir- 
able and  justifiable,  and  what  degree  of  self 
restraint  is  demanded  by  the  interests  of  others. 

Such  restraint  will  be  far  more  effective  and 
beneficial  in  the  long  run  than  the  artificial  re- 
strictions which  arise  out  of  secrecy,  beliefs 
contrary  to  the  patent  facts  of  human  nature, 


256    PERSONALITY  AND  CONDUCT 

and  the  coercion  which  arises  therefrom.  It 
will  give  rise  to  a  genuine  continence  in  the  place 
of  the  spurious  continence  of  the  conventional 
marriage  of  today.  It  will  supply  most  of  the 
check  which  is  needed  upon  the  tendency  of  the 
sex  passion  to  become  unruly  and  incontinent. 

It  is  believed  by  many  persons  that  the  sex 
impulse  is  so  powerful  that  society  should  place 
heavy  restrictions  upon  it.  It  goes  without 
saying  that  incontinence  is  bad  for  all,  espec- 
ially for  men,  since  the  male  capacity  for  sexual 
intercourse  is  far  more  limited  than  the  female 
capacity.  The  popular  notion  is  that  marriage 
furnishes  most  of  the  necessary  restraint,  but 
this  notion  is  false.  As  a  matter  of  fact,  there 
is  much  more  incontinence  within  the  holy  bonds 
of  matrimony  than  there  is  outside  of  wedlock. 
Many  a  man  has  had  his  career  ruined  because 
of  the  excessive  drain  upon  his  strength  in  en- 
deavoring to  satisfy  the  cravings  of  a  highly 
sexed  wife.  There  is  no  feasible  legal  method 
of  preventing  incontinence.  The  best  preven- 
tives are  the  system  of  discipline  and  education 
briefly  outlined  above,  and  the  public  opinion 
with  respect  to  a  healthy  and  normal  sex  life 
for  all  which  would  develop  as  a  result  of  this 
system. 

With  the  knowledge  and  discipline  derived 
from  this  system  of  sex  education  and  training 
the  adolescent  would  be  adequately  prepared 


THE  ORGANIZATION  OF  SEX     257 

to  begin  the  sex  life.  He  or  she  would  then  be- 
gin a  sex  relation  with  the  intention  of  develop- 
ing the  play  aspect  of  sex  to  the  highest  pos- 
sible degree,  at  the  same  time  using  contracep- 
tive measures  to  prevent  the  relation  from  re- 
sulting in  reproduction  until  it  became  fairly 
certain  that  the  play  function  was  developing 
in  a  full  and  permanent  form.  Thus  would  be 
prevented  the  deplorable  condition,  harmful 
both  to  parents  and  offspring,  of  a  more  or  less 
permanent  mating  and  reproduction  without  a 
development  of  the  play  function.  This  is  a 
frequent  result  from  the  marriage  of  today, 
which  is  based  upon  no  adequate  testing  of  the 
fitness  and  the  compatibility  of  the  spouses  for 
mating. 

It  is  desirable  that  as  soon  as  puberty  and 
adolescence  are  passed  and  maturity  has  been 
attained  the  young  adult  should  begin  a  sex  re- 
lation. The  exact  age  at  which  this  point  is 
reached  cannot  be  stated,  since  it  varies  ac- 
cording to  climatic  conditions,  racial  traits,  and 
individual  peculiarities.  Until  this  time  is 
reached  the  parents  or  other  natural  guardians 
can  in  most  cases  furnish  all  of  the  restraint 
that  is  necessary.  In  some  of  the  simpler  com- 
munities of  today  and  in  many  communities  of 
the  past  this  state  of  affairs  has  prevailed.  It 
is  one  of  the  deplorable  concomitants  of  our 
complex  modern  civilization  that  the  usual  age 


258     PERSONALITY  AND  CONDUCT 

for  sexual  mating  has  been  delayed  far  beyond 
the  natural  age.  The  evil  consequences  from 
this  condition  have  been  described  in  the  chap- 
ters on  prostitution. 

The  first  sexual  union  for  the  young  adult 
should  not  be  in  the  bond  of  an  indissoluble  mar- 
riage. It  should  be  in  the  nature  of  a  prelimin- 
ary or  trial  marriage  with  a  partner  who  gives 
promise  of  becoming  a  suitable  mate  for  a  per- 
manent union.  In  view  of  the  uncertainty  of 
the  outcome  of  this  trial  union  it  would  be  ad- 
visable ordinarily  for  the  young  couple  not  to 
become  entirely  independent  of  their  parents 
until  the  union  gives  indications  of  becoming 
permanent.  Furthermore,  as  I  have  already 
pointed  out,  contraceptive  measures  should  be 
used  to  prevent  reproduction  until  the  play 
function  develops  in  a  strong  and  apparently 
lasting  form. 

Begun  under  such  favorable  auspices  most  of 
the  trial  unions  would  in  all  probability  turn 
out  successfully.  But  even  those  that  fail 
would  furnish  their  participants  knowledge  and 
experience  which  will  aid  them  greatly  in  at- 
taining success  in  the  second  or  later  trials. 
Thus  the  trial  union  would  serve  as  a  sort  of 
preparation  or  novitiate  for  permanent  mar- 
riage.1 

i  Trial  marriage  has  existed  at  many  times  and  places  in 
the  past.  Several  of  these  instances  are  described  by  H.  Ellis, 
"Sex  in  Relation  to  Society,"  Philadelphia,  1910,  Chap.  IX. 


THE  ORGANIZATION  OF  SEX     259 


THE   FOECES   FOR   MONOGAMY 

As  I  have  already  pointed  out,  promiscuity 
possesses  a  certain  amount  of  charm  for  man- 
kind, doubtless  owing  to  the  novelty  of  the 
pleasurable  sensations  derived  therefrom.  The 
tendency  to  promiscuity  has  at  all  times  mani- 
fested itself  in  extra-matrimonial  relations.  It 
manifests  itself  to  a  smaller  degree  in  group 
marriage.  The  male  sex  manifests  it  occa- 
sionally to  a  slight  extent  in  polygyny,  and  the 
female  sex  more  rarely  in  polyandry. 

But  in  spite  of  this  promiscuous  tendency  and 
these  other  forms  of  marriage,  there  are  at 
least  four  reasons  for  believing  that  monogamy 
will  always  remain  the  prevailing  form  of  per- 
manent sex  relation.  In  the  first  place,  the  ap- 
proximate numerical  equality  of  the  sexes  will 
always  be  a  strong  force  for  monogamy.  In  a 
society  organized  upon  a  democratic  basis  it 
will  become  more  and  more  difficult  for  an  in- 
dividual to  monopolize  more  than  one  member 
of  the  opposite  sex.  Polygyny  and  polyandry 
can  be  prevalent  only  when  the  sexes  are  for 
any  reason  not  equal  numerically,  or  when  a 
favored  class  can  enforce  monopolistic  rights. 

In  the  second  place,  as  I  have  already  pointed 
out  in  Chapter  VIII,  sexual  jealousy  is  prob- 
ably a  powerful  force  for  monogamy.  When- 
ever a  sex  relation  is  based  upon  a  strong  af- 
fection, neither  party  to  the  union  is  likely  to 


260     PERSONALITY  AND  CONDUCT 

look  with  favor  or  to  tolerate  another  sex  rela- 
tion for  his  or  her  mate. 

In  the  third  place,  as  I  have  also  pointed  out 
in  Chapter  VIII,  the  rearing  of  the  young  re- 
quires more  or  less  permanent  unions.  Mu- 
tual parenthood  is  likely  to  make  such  a  union 
monogamous.  This  is  because  mutual  parent- 
hood usually  draws  the  parents  closer  together 
and  reenforces  the  play  function  of  sex,  thus 
decreasing  the  desire  for  and  excluding  to  a 
large  extent  the  feasibility  of  another  sex  rela- 
tion for  either  parent. 

In  the  fourth  place,  the  desire  for  compan- 
ionship in  old  age  is  in  some  cases  a  factor  for 
monogamy.  In  order  to  secure  such  compan- 
ionship it  is  essential  to  form  a  strong  union 
which  is  not  likely  to  be  broken  before  death. 
Such  a  union  obviously  cannot  be  obtained 
through  promiscuity.  It  is  not  likely  to  be  so 
strong  in  polygynous  or  polyandrous  marriage. 
These  considerations  do  not  have  much  influ- 
ence in  the  flush  of  early  youth.  But  they  ac- 
quire greater  weight  with  advancing  years.  As 
human  foresight  increases,  these  considerations 
will  doubtless  have  more  and  more  influence 
upon  sexual  matings. 

But,  while  these  excellent  reasons  for  monog- 
amy exist,  it  is  not  to  be  assumed  that  monog- 
amy should  be  imposed  and  enforced  by  law, 
conventional  morality,  and  religion.  It  is  such 
compulsion  in  marriage  that  has  caused  a  vast 


THE  ORGANIZATION  OF  SEX     261 

amount  of  unhappiness  in  the  past.  It  is  sure 
to  do  the  same  in  the  future,  and  will  defeat  its 
own  ends  even  more  than  in  the  past. 

When  the  young  have  been  adequately  edu- 
cated and  trained,  and  when  women  as  well  as 
men  are  economically  independent,  so  that  the 
sexes  are  on  a  equality  in  their  freedom  of 
choice,  it  will  be  safe  to  leave  sexually  mature 
adults  free  to  choose  any  form  of  sex  relation 
which  they  desire.  A  few  will  elect  to  remain 
promiscuous  always  in  their  sex  life.  But  the 
majority  will  doubtless  desire  and  seek  a  per- 
manent relation. 

FREE   CONTRACTUAL,   MARRIAGE 

The  marital  relation  should  become  a  genu- 
inely free  contract  for  those  who  desire  to  en- 
ter it.  Thus  the  contract  should  specify  the 
length  of  time  the  relation  is  to  endure,  that  is 
to  say,  as  to  whether  it  is  to  be  permanent  or  for 
a  definite  or  indefinite  term.  The  contract 
should  specify  whether  or  not  the  marriage  is 
to  be  exclusive,  that  is  to  say,  monogamous. 
For  the  reasons  stated  above  the  vast  majority 
of  individuals  will  doubtless  choose  to  make 
their  marriages  monogamous  and  permanent. 

But  the  law  should  permit  other  forms  of 
marital  relationship  for  the  persons  who  desire 
them.  Thus  the  marriage  contract  may  specify 
that  one  or  both  parties  to  the  union  may  have 
extra-matrimonial  sexual  relations.  It  may 


262     PERSONALITY  AND  CONDUCT 

specify  that  one  or  both  parties  may  form  other 
marital  relations,  thus  becoming  polyandrous 
or  polygynous,  as  the  case  may  be.  Conse- 
quently, beside  the  prevailing  inonogamic  type 
of  marriage  would  arise  a  few  polyandrous  and 
polygynous  unions,  but  these  unions  would 
doubtless  always  remain  in  a  very  small  min- 
ority. 

The  contract  could  also  specify  as  to  whether 
or  not  reproduction  is  an  object  of  a  marital 
union,  and  as  to  what  provision  is  to  be  made 
for  the  care  and  rearing  of  the  offspring.  The 
law  would  be  justified  at  this  point  in  insisting, 
in  the  interests  of  society,  that  adequate  pro- 
vision be  made  for  the  young. 

Parental  responsibility  for  offspring  should 
always  be  enforced.  But  no  distinction  should 
be  made  in  this  respect  between  intra-  and  ex- 
tra-matrimonial offspring.  In  other  words,  the 
distinction  between  legitimacy  and  illegitimacy 
should  be  abolished,2  so  that  bastardy  with  all  of 
the  odious  stigma  which  is  attached  to  it  would 
disappear  from  the  face  of  the  earth.  As  a 
matter  of  fact,  owing  to  the  development  of  the 
play  function  and  the  use  of  contraceptive  meas- 
ures, there  would  be  few  births  which  were  not 
desired  and  which  did  not  come  to  parents  who 
were  permanently  mated,  so  that  the  vast  major- 

2  In  1915  a  law  was  enacted  In  Norway  which  abolished  most 
of  the  legal  distinctions  between  legitimate  and  illegitimate 
children.  (See  Katherine  Anthony,  "Feminism  in  Germany 
and  Scandinavia,"  New  York,  1915,  Chap.  VI. 


THE  ORGANIZATION  OF  SEX     263 

ity  of  children  would  receive  bi-parental  rearing 
and  iew  would  be  left  to  the  care  of  the  state. 

The  marital  contract  could  also  specify  as  to 
the  distribution  of  property  and  income  between 
the  contracting  parties.  As  it  becomes  more 
and  more  customary  for  women  to  earn  their 
own  living,  economic  dependency  in  marriage 
will  diminish.  It  would  be  foolish  to  attempt 
to  prophesy  as  to  whether  or  not  the  time  will 
ever  come  when  it  will  be  justifiable  to  forbid 
economic  dependency  in  marriage  when  it  is 
acceptable  to  the  parties  concerned.  Under 
some  form  of  socialism  every  person  may  be 
forced  to  earn  his  or  her  own  living,  so  that 
there  will  be  no  parasitism  of  any  sort.  But 
until  that  time  comes  it  will  be  possible  for  a 
man  to  agree  to  support  a  woman  or  for  a 
woman  to  agree  to  support  a  man,  when  they 
desire  to  do  so. 

In  fact,  it  should  be  possible  for  men  and 
women  to  come  to  any  agreement  they  choose  in 
a  marital  contract,  provided  it  is  not  contrary 
to  the  interests  of  society.  Then  when  a  con- 
tract is  violated,  it  should  be  possible  for  the 
injured  party  to  secure  redress  in  the  civil 
courts.  If  support  is  provided  in  the  contract, 
there  can  be  suit  for  non-support,  but  not  other- 
wise. Sexual  intercourse  outside  of  marriage 
would  be  adulterous  when  in  violation  of  the 
marital  contract,  but  not  otherwise.  Adultery 
would  not  be  penalized,  but  should  be  sufficient 


264    PEBSONALITY  AND  CONDUCT 

cause  for  abrogating  the  contract  when  the  in- 
jured party  desires  it. 

This  arrangement  would  solve  the  problem  of 
divorce.  A  marital  contract  would  be  dissolved 
whenever  both  of  the  contracting  parties  agreed 
to  such  dissolution,  or  when  one  of  the  parties 
had  violated  it  to  such  an  extent  as  to  give  the 
other  party  sufficient  grounds  for  abrogating  it. 
Divorce  would  thus  come  about  more  or  less 
automatically  as  the  result  of  the  termination 
of  marital  contracts. 

In  such  an  organization  of  sex  relations  as  I 
have  described,  marriage  would  become  a  gen- 
uine free  contractual  relation.  All  persons  en- 
tering upon  this  relation  would  fix  for  them- 
selves the  terms  of  their  contract.  This  fact 
would  increase  greatly  their  sense  of  responsi- 
bility. They  would  no  longer  be  able  to  blame 
coercive  laws  if  their  marital  ventures  failed. 
They  would  be  compelled  to  realize  that  their 
success  in  marriage  depended  largely  if  not  en- 
tirely upon  themselves.  They  would  be  much 
more  careful  to  know  each  other  well  before 
entering  upon  a  binding  contract.  The  pre- 
liminary or  trial  marriage  would  furnish  them 
a  means  of  acquiring  this  knowledge  concerning 
each  other. 

To  many  persons  it  may  appear  that  such  an 
organization  of  sex  relations  will  furnish  a  li- 
cense for  a  sexual  orgy.  But  this  would  be  im- 
possible in  any  civilized  and  enlightened  com- 


THE  ORGANIZATION  OF  SEX     265 

munity,  because  the  lasting  interests  of  suit- 
able mating  and  reproduction  would  far  out- 
weigh for  most  individuals  the  ephemeral  at- 
traction of  a  temporary  promiscuity. 

But  even  if  a  small  amount  of  sexual  promis- 
cuity resulted  from  this  organization  of  sex 
relations,  it  could  not  possibly  do  as  much  in- 
jury to  society  as  the  sordid  and  degrading 
promiscuity  of  today.  The  sexual  license 
which  would  arise  from  this  future  organiza- 
tion would  have  a  frankness  and  spontaneity 
which  would  place  it  upon  a  far  higher  mental 
and  social  plane  than  the  prostitution  and  much 
of  the  extra-matrimonial  promiscuity  of  the 
present. 

On  the  other  hand,  the  organization  of  sex 
relations  I  have  described  would  banish  much 
of  the  misery  of  the  vast  number  of  mismated 
and  unmated  persons  in  our  modern  civilization. 
The  unobservant  person  may  be  deceived  by  the 
artificial  smile  of  frozen  respectability  which 
maintains  a  smooth  surface  most  of  the  time 
over  the  marital  institutions  of  today.  But 
to  the  observer  with  mental  and  moral  insight 
who  has  looked  into  many  lives  and  homes  it  is 
obvious  that  many  millions  of  men  and  women 
are  being  marched  annually  to  the  hollow  sound 
of  the  wedding  bells  and  the  unctuous  tones  of 
the  priest  and  parson  into  an  indissoluble  or  al- 
most indissoluble  wedlock,  there  to  lie  upon  a 
Procrustean  bed  of  discomfort  and  frequently 


266     PERSONALITY  AND  CONDUCT 

of  torture.  When  men  and  women  come  to 
know  themselves  and  each  other,  most  of  the 
mismatings  can  be  obviated,  while  many  of  the 
numerous  unmated  can  secure  suitable  mates. 

THE   LIMITS   OF   JUSTIFIABLE   SEX   REGULATION 

Let  us  now  consider  what  criminal  offenses 
relating  to  sex  would  remain  if  the  social  insti- 
tutions relating  to  sex  were  reorganized  in.  the 
manner  described.  It  is  obvious  that  attempts 
to  force  any  one  into  a  sex  relation  should  be 
penalized.  Thus  rape,  forcible  abduction,  and 
attempts  to  force  any  one  into  acts  of  sexual 
perversion  would  be  crimes.  It  would  also  be 
well  to  penalize  attempts  to  incite  a  minor  to 
acts  of  sexual  perversion. 

Any  attempt  to  secure  a  sexual  relation  on 
false  pretenses  should  be  penalized.  Thus  se- 
duction, and  bigamy,  where  the  innocent  party 
had  not  been  informed  of  an  already  existing 
marital  relation  of  the  offender,  would  be 
crimes.  It  may  also  be  advisable  to  make  crim- 
inal the  concealment  of  a  grave  contagious  dis- 
ease which  may  be  readily  transmitted  in  the 
sex  relation. 

Sexual  relations  between  persons  closely  re- 
lated by  blood  should  be  penalized.  The  reason 
for  this  is  not  that  there  is  anything  biologically 
harmful  necessarily  in  incestuous  intercourse, 
but  because  it  is  socially  desirable  that  close 
blood  relationships  (such  as  parent  and  child, 


THE  ORGANIZATION  OF  SEX     267 

brother  and  sister)  should  not  be  confused  with 
sexual  relationships. 

While  the  normal  hetero-sexual  relation  is 
doubtless  the  most  desirable,  it  is  wholly  inde- 
fensible to  penalize  homosexuality,  sexual  fet- 
ishism, and  other  variations  from  the  normal. 
The  unfortunate  persons  characterized  by  these 
sexual  variations  are  not  usually  responsible 
for  them,  and  frequently  are  very  useful  mem- 
bers of  society.3  They  should  not  be  molested 
by  the  law,  unless  they  attempt  to  force  their 
practises  upon  others. 

The  use  of  contraceptive  measures  should  not 
be  penalized  but  should  be  encouraged  by  the 
government,  as  is  already  done  in  a  few  civil- 
ized countries,  such  as  Holland.4  Abortion 
should  not  be  penalized  in  most  cases  today,  for 
it  is  almost  invariably  the  fault  of  the  law  in 
forbidding  the  use  of  contraceptive  measures 
and  not  the  fault  of  the  individual.  When  con- 
traceptive measures  are  freely  permitted,  it 
may  become  justifiable  to  penalize  abortion 
where  it  is  due  to  inexcusable  negligence  in 
failing  to  use  contraceptive  measures.  How- 
ever, this  is  a  question  which  will  have  to  be 
decided  in  the  future. 

Bigamy,  adultery,  fornication,  concubinage, 

s  It  is  impossible  to  cite  here  the  extensive  literature  upon 
these  sexual  variations.  Suffice  it  to  mention  from  the  English 
writers  the  names  of  Havelock  Ellis  and  Edward  Carpenter. 

*  See,  C.  V.  Drysdale,  "The  Small  Family  System,"  London, 
1913,  pp.  59-62. 


268     PERSONALITY  AND  CONDUCT 

and  prostitution  will,  of  course,  disappear  as 
criminal  offenses.  Divorce  will  become  free 
and  there  will  no  longer  be  any  legal  stigma 
upon  bastardy.  When  a  strong  public  opinion 
with  respect  to  a  normal  sex  life  for  all  has  de- 
veloped, pruriency  of  mind  will  disappear,  and 
along  with  it  the  crimes  incidental  to  sex. 
Thus  indecency,  immodesty,  obscenity,  etc.,  will 
be  wiped  out  of  the  penal  code. 

It  is  needless  to  say  that  this  new  organiza- 
tion of  sex  relations  cannot  come  into  being  in  a 
day,  nor  can  all  of  its  details  be  determined 
upon  at  present.  Before  it  can  be  fully  devel- 
oped many  other  important  social  changes  will 
have  to  take  place.  The  principal  changes 
doubtless  are  the  economic  changes  which  will 
obviate  late  marriages.  But  I  have,  neverthe- 
less, considered  it  worth  while  to  outline  it  here 
as  an  ideal,  because  it  is  of  assistance  in  secur- 
ing a  true  perspective  for  the  study  and  criti- 
cism of  the  existing  system  of  sex  relations. 


CHAPTER  XIX 

THE   DEVELOPMENT   OF   PERSONALITY 

IT  is  indeed  a  pitiful  sight  to  watch  mankind 
grope  and  stumble  towards  the  goal  it  has  un- 
consciously set  before  itself,  namely,  the  com- 
plete and  satisfactory  expression  of  human  na- 
ture. Man's  career  upon  this  planet  is  strewn 
with  blunders  and  failures  in  his  effort  to  attain 
this  goal.  He  has  sought  alcohol,  poisonous 
drugs,  and  other  noxious  substances  in  attempt- 
ing to  secure  relief  from  the  pain  and  misery 
of  his  existence. 

In  lieu  of  the  joyous  adventure  which  an  ideal 
human  life  would  be,  he  has  sought  the  meretri- 
cious excitement  of  games  of  chance  in  his  hours 
of  recreation  and  of  cunning  speculation  in  his 
economic  life.  Awed  by  the  apparently  mys- 
terious nature  of  sex  and  fearful  of  the  pitfalls 
in  his  sex  life  he  has,  on  the  one  hand,  erred  in 
his  bungling  organization  and  regulation  of  sex 
relations,  and,  on  the  other  hand,  has  precipi- 
tated himself  more  or  less  unwittingly  into  the 
most  unspeakable  debaucheries. 

An  excessive  degree  of  uniformity  is  imposed 
upon  human  nature  by  fashion,  needless  cus- 
toms, conventional  morality,  formal  courtesy, 

269 


270     PERSONALITY  AND  CONDUCT 

and  institutionalized  religion.  By  means  of 
these  fetters  which  it  has  blindly  forged  for  it- 
self mankind  has  checked  the  spontaneous  ex- 
pression of  human  nature  and  has  retarded  the 
development  of  personality. 

Mankind  uses  various  means  to  escape  occa- 
sionally from  the  drab  uniformity  which  it  has 
foolishly  imposed  upon  itself.  Some  of  these 
measures  are  innocuous,  such  as  costume 
dances,  or  comparatively  harmless,  such  as  in- 
frequent sprees.  But  many  of  these  methods 
are  very  harmful,  such  as  the  various  forms  of 
debauchery,  while  war  doubtless  serves  in  part 
as  a  means  of  relief  from  this  uniformity. 

Consequently,  this  needless  uniformity  causes 
many  evil  results.  A  vast  amount  of  suffering 
arises  from  the  various  forms  of  debauchery. 
The  repression  of  innocuous  personal  idiosyn- 
cracies  by  the  rigid  rule  of  fashion  and  custom 
causes  much  needless  discomfort  and  irritation. 

A  vast  amount  of  human  talent  is  suppressed 
by  this  uniformity.  This  means  an  enormous 
social  waste,  for  this  talent  would  be  very  pro- 
ductive if  it  were  given  an  opportunity  to  ex- 
press itself.  Social  waste  results  in  many 
other  ways  from  this  needless  uniformity.  For 
example,  the  uncomfortable  and  unhygienic 
dress  prescribed  by  fashion  and  custom  ma- 
terially diminishes  the  productiveness  of  so- 
ciety. 

The  human  and  social  phenomena  described 


DEVELOPMENT  OF  PERSONALITY    271 

in  this  book  reveal  the  complexity  of  man's  na- 
ture. They  indicate  some  of  the  conflicting  ele- 
ments which  give  rise  to  the  most  serious  of  hu- 
man and  social  problems.  These  elements  are 
instincts  and  emotions  which  are  not  well 
adapted  to  each  other  and  which  the  intellect 
is  trying  to  guide  and  harmonize  with  more  or 
less  lack  of  success. 

Ignorance  of  this  complexity  gives  rise  to 
many  unilateral  characterizations  of  human  na- 
ture. It  is  said  that  man  is  unsocial  by  nature, 
or  that  he  is  a  social  animal.  It  is  said  that 
man  is  egotistic,  or  that  he  is  altruistic.  As  a 
matter  of  fact,  the  individual  struggle  for  ex- 
istence and  the  struggle  of  the  species  for  sur- 
vival have  given  rise,  on  the  one  hand,  to  unso- 
cial and  egotistic  traits,  and,  on  the  other  hand, 
to  social  and  altruistic  traits. 
4  It  is  said  that  man  is  promiscuous  by  nature, 
or  that  he  has  a  monogamous  instinct.  We 
have  seen  that  man  is  neither  promiscuous  nor 
monogamous  by  nature.  Some  of  his  traits  im- 
pel him  towards  promiscuity,  while  other  traits 
give  rise  to  a  strong  monogamous  tendency. 

Thus  it  is  that  these  conflicting  elements  give 
rise  to  the  clash  between  individual  and  social 
interests  and  to  the  stress  and  strain  witnin 
man's  own  nature.  It  is,  therefore,  of  supreme 
importance  that  an  intensive  study  be  made  of 
the  instinctive,  affective,  and  intellectual  as- 
pects of  the  mental  makeup  in  order  to  effect 


272     PERSONALITY  AND  CONDUCT 

the  most  feasible  adjustment  of  the  conflicting 
elements  in  human  nature.1  Only  through  the 
enlightenment  of  self-knowledge  can  man  attain 
to  the  highest  possible  degree  of  outward  and 
inward  harmony. 

In  closing  this  book  I  shall  merely  offer  a  few 
general  suggestions  as  to  how  mankind  can 
abolish  this  excessive  uniformity  and  thus  more 
nearly  attain  the  goal  it  is  seeking,  namely,  a 
complete  and  satisfactory  expression  of  human 
nature.  In  the  first  place,  men  and  women 
should  understand  human  nature  much  better 
than  they  do  now.  In  the  second  place,  they 
should  be  able  to  recognize  the  intrinsic  rela- 
tions between  conduct  and  its  consequences. 
In  the  third  place,  a  favorable  environment 
should  be  provided  for  the  development  of 
personality. 

The  prevailing  educational  and  disciplinary 
system  fails  to  attain  the  first  two  of  these  ends. 
Our  education  is  not  sufficiently  scientific  to 
furnish  an  adequate  comprehension  of  human 
nature.  Our  discipline  is  dominated  by  a 
standard  of  formal  courtesy  which  requires 
conformity  in  many  non-essentials,  but  gives 
little  indication  of  the  intrinsic  relations  be- 
tween conduct  and  its  consequences.  A  scien- 

1 1  have  furnished  a  comprehensive  description  of  these 
aspects  of  the  human  mind  in  my  work  entitled  "The  Science 
of  Human  Behavior,  Biological  and  Psychological  Founda- 
tions," New  York,  1913. 


DEVELOPMENT  OF  PERSONALITY     273 

tific  education  and  a  standard  of  genuine  cour- 
tesy are  needed  to  teach  the  young  to  know 
themselves,  and  to  recognize  the  intrinsic  rela- 
tions between  conduct  and  its  consequences. 

Under  the  prevailing  system  symbolic  inter- 
pretations and  meanings  are  encouraged,  while 
the  genuine  significance  of  many  of  the  aspects 
of  life  are  not  recognized.  Mental  activity  is 
thus  discouraged  and  the  inherent  inertia  of  the 
mind  is  reenforced.  The  human  mind  thus 
sinks  into  grooves  and  ruts  in  its  thinking  pro- 
cesses instead  of  becoming  more  flexible. 

A  favorable  environment  would  develop  per- 
sonality and  thus  utilize  all  of  human  talent. 
Such  an  environment  would  satisfy  the  power- 
ful fundamental  impulses  of  hunger  and  sex. 
It  would  furnish  ample  scope  for  the  impulse  to 
bodily  and  mental  activity.  It  would  furnish 
adequate  opportunity  for  coming  into  contact 
with  nature  and  for  gratifying  esthetic  tastes. 
It  would  not  suppress  harmless  personal  idio- 
syncrasies. 

If  these  great  changes  are  accomplished,  the 
social  regulation  of  the  individual  will  be  placed 
upon  a  genuine  ethical  basis  in  the  sense  that 
the  interests  both  of  society  and  of  the  indi- 
vidual will  be  safeguarded.  This  goal  cannot 
be  reached  until  a  truly  democratic  organization 
of  society  has  been  attained.  In  a  democracy 
small  favored  classes  which  can  exploit  the  re- 
mainder of  society  will  not  be  tolerated,  and 


274     PERSONALITY  AND  CONDUCT 

unquestionably  invasive  conduct  will  be  strictly 
regulated  and  sternly  repressed  by  society.  On 
the  other  hand,  in  an  enlightened  democracy 
excessive  restrictions  and  an  irksome  uni- 
formity will  not  be  imposed  upon  individuals  in 
the  name  of  animistic  bogies  and  of  the  fetishes 
of  convention,  custom,  and  fashion. 


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INDEX 


Abduction,   115-16 
Abortion,  117,  152 
Adaptation,  1-3 
Addams,  Jane,  217 
Adultery,  116,  122-3,  139-41, 

263-4 

Acton,  W.,  204,  219 
Alcoholism,   6,    15-16,   21-31, 

34-56 

Alexander  the  Great,  74 
Amoa,  S.,  219 
Anthony,  Katherine,  2«2 
Asceticism,  101,  161-5 
Ashton,  J.,  59 
Atkinson,  J.  J.,  92 
Augagneur,  V.,  220 

B 

Bachelier,  L.,  78 
Bachmann,  R.  A.,  224 
Baker,  N.  D.,  48 
Bastardy,  117,  262 
Berenger,  R.,  130 
Berkman,  A,,  146-8 
Bigamy,  116 

Billington-Greig,  Teresa,  217 
Birth    control,    123-4,    151-3, 

170,  172,  266-7 
Blackmail,  138-9,  216 
Bonger,  W.,  187 
Brace,  H.  H.,  84 
Brieux,  E.,  128 
Burns,  W.  J.,  138-9 


C 

Campbell,  H.,  27,  38 


Carpenter,  E.,  267 
Chadtity,  253-4 
Christianity,     15,     101,     149, 

161-2,  164-9,  209 
Coldridge,  W.,  59 
Comstock,  A.,  123,  128,  130 
Concubinage,  116-17 
Continence,  253-4,  256 
Crawley,*E.,  99 
Crime,  13-14,  39-44,  79-81 
Culin,  S.,  71 

D 

Danville,  G.,  76 

Darwin,  C.,  91 

Disease,     196-7,    204,    208-9, 

224-6,  248-9 
Dispensary  system,  61-2 
Divorce,  116,  264 
Dreiser,  T.,  128 
Drug  habits,  6,  32-7,  56-7 
Drysdale,  C.  V.,  267 
Dufour,  P.,  177 


E 


Ellis,  H.,  130,  161,  191-2,  209, 

233-4,  258,  267 
Emery,  H.  C.,  67,  82 
Evolution,  1 

F 

Feeblemindedness,  183-4 
Ferri,  E.,  140-1 
Fiaux,  L.,  226 
Fischer,  W.,  224-5 
Flexner,  A.,  175,  220 


281 


282 


INDEX 


Forel,  A.,  128 

Fornication,  116-17,  122,  139- 

40 

France,  C.  J.,  70-1 
Frazer,  J.  G.,  99,  100 
Freeman,  F.  N.,  79 
Freud,  S.,  130 


G 


Lang,  A.,  92 

Lea,  H.  C.,  178 

Lecky,  W.  E.  H.,  166-7,  184, 

201-2,  203 
Lippmann,  W.,  211 
Local  option,  49-51 

M 


Gabrielson,  J.,  23 

Gallichan,    Catherine    G.    H.,      McLennan,  J.  F.,  93,  99 

158,  192,   198,   199-200,  202      McMaster,  J.  B.,  65 
Gambling,  6,  14,  15,  58-88 
van  Gennep,  A.,  99 
Gillen,  F.  J.,  93 
Guyot,  Y.,  220 


Magic,    99,    101,    161-2,    170, 

176-7 

Malinowaid,  B.,  92,  95-6 
Marriage,  J49-51,  155,  159-61, 
179-80,  184-5,  197-205,  207, 
H  252-3,  261-6 

Matignon,  J.  J.,  220 

Hansen,  G.,  206  Maxwell,  J.,  167-8 

Hartland,  E.  S-,  93-4,  98,  100,      Mill,  J.  S-,  9 

157  Miner,  Maude  E.,  217 

Hobson,  J.  A.,  58-9  Modesty,  141 

Howitt,  A.  W.,  93  Mohammed,  74 

Monogamy,      90-7,      197-205, 
I  252-3,  259-61,  271 

Moran,  C.  G.,  87 


Incest,  266-7 
Indecency,  118,  124 
Isaacson,  E.,  205-6 


Jealousy,    91,    92,    93-6,    97, 

157-8,  172,  259-60 
Jesus  Christ,  74,  101 
Judaism,  162-4 
Jung,  C.  G.,  130 

K 

Kelynack,  T.  N.,  27,  38 
Kinberg,  O..  43 
Koren,  J.,  23,  46,  52 


Morgan,  L.  H.,  93,  99 

N 
Napoleon  the  Great,  74 

P 

Pachot,  E.,  220 
Parent-Duchatelet,    A.    J.    B., 

184,  219 
Parmelee,     Maurice,     54,     55, 

104,  110,  152,  166,  173,  206, 

272 

Pascal,  R.,  71 
Patrick,  G.  T.  W.,  27 


INDEX 


283 


Paul,  165 
Pfister,  O.,  132-3 
Phelps,  E.  B.,  30 
Pimp,  228-31 
Population,  152-3 
Poverty,  39-40,  182-3 
Prohibition,  46-51 
Promiscuity,    90-7,    155,    176, 

259-60,  271 

Pruriency,  118,  130,  132,  254 
Psychoanalysis,  106,  130,  236 
Puritanism,  5,  15,  53,  86,  109, 

119,  122,  129-30 
Pusey,  W.  A.,  196-7 


R 


Rabutaux,  A.  P.  E.,  177 
Rape,  115-16,  203,  231-4 
Regnault,  F.,  117,  220 
Reid,  G.  A.,  38 
Religion,  3,  5,  6,  70-2,  77,  101, 

149,  161-2,  170,  176-7 
Reproduction,    102,    105,    106, 

111,  151-3,  156-7 
Reynolds,  J.  B.,  123 
Riggs,  C.  E ,  224 
Robinson,  W.  J.,  149 
Rowntree,  B.  S.,  59,  63 
Rowntree,  J.,  52 
Rowsell,  H.  W.,  87 


S 


Sanger,  W.  W.,  177,  219 
Schenck,  P.  S.,  224 
Schroeder,  L.,  124,  127,  128, 

142,  158 

Seduction,  116,  203,  232-4 
Semerau,  A.,  177 
Sexual     perversions,     117-18, 

143-4,  145-8 
Shaw,  G.  B.,  128 
Sherwell,  A.,  52 


Sites,  C.  M.  L.,  46 
Smith,  A.,  63 
Smith,  W.  R.,  93,  99 
Social  control,  8-13,  19-20 
Sollier,  P.,  76 

Speculation,  60,  64,  67,  81-5 
Spencer,  B.,  93 
Spingarn,  A.  B.,  115 
Steinmetz,  A.,  59 
Sullivan,  W.  C.,  41 
Sumner,  W.  G.,  156-7,  165 
Swords,  W.  F.,  59 


Taboo,  134,  170,  254 
Tarde,  G.,  205 
Thomas,  N.  W.,  92 
Thomas,  W.  I.,  72-3 
Trial  marriage,  258 


Vice,  13-20,  186 

W 

Wahl,  220 
War,  6,  270 
Webb,  A.  D.,  23,  24 
Westermarck,  E.,  92,  94,  95, 

100,  105,  159-60,  164-5,  167 
White  Slave  Traffic  Act,  the, 

119-22,  137-9,  216 
Whitlock,  B.,  217 
Wilbert,  M.  I.,  32 
Wines,  F.  H.,  46 
Woodhead,  G.  S.,  29 


Yvernes,  M.,  43 

Z 

Zueblin,  C.,  213 


University  of  California 

SOUTHERN  REGIONAL  LIBRARY  FACILITY 

Return  this  material  to  the  library 

from  which  it  was  borrowed. 


SRU     OCT  0 


1990 


0001,8568 


